The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021

Filing and service of application

203.—(1) An application must be filed with the court accompanied by one copy and a number of additional copies equal to the number of persons who are to be served with the application.

(2) Where an application is filed with the court in accordance with paragraph (1), the court must fix a venue for the application to be heard unless—

(a) it considers it is not appropriate to do so,

(b) the rule or regulation under which the application is brought provides otherwise, or

(c) the case is one to which rule 205 applies.

(3) Unless the court otherwise directs, the applicant must serve a sealed copy of the application, endorsed with the venue for the hearing, on the respondent named in the application (or on each respondent, if more than one).

(4) The court may give any of the following directions—

(a) that the application be served upon persons other than those specified by the relevant provision of the Regulations or Rules,

(b) that the giving of notice to any person may be dispensed with, or

(c) that the notice may be given in some way other than that specified in paragraph (3).

(5) An application must be served at least fourteen days before the date fixed for its hearing unless—

(a) the provision of the Regulations or these Rules under which the application is made makes different provision, or

(b) the case is one of urgency, to which paragraph (6) applies.

(6) Where the case is one of urgency, the court may (without prejudice to its general power to extend or abridge time limits)—

(a) hear the application immediately, either with or without notice to, or the attendance of, other parties, or

(b) authorise a shorter period of service than that provided for by paragraph (5),

and any such application may be heard on terms providing for the filing or service of documents, or the carrying out of other formalities, as the court thinks just.