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The Insolvency Rules 1986

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Changes over time for: Section 7.15

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Consequential transfer of other proceedingsE+W

7.15.—(1) This Rule applies where—

(a)an order for the winding up of a company, or a bankruptcy order in the case of an individual, has been made by the High Court, or

(b)in either such case, a provisional liquidator or (as the case may be) an interim receiver has been appointed, or

(c)winding-up or bankruptcy proceedings have been transferred to that Court from a county court.

(2) A judge of any Division of the High Court may, of his own motion, order the transfer to that Division of any such proceedings as are mentioned below and are pending against the company or individual concerned (“the insolvent”) either in another Division of the High Court or in a court in England and Wales other than the High Court.

(3) Proceedings which may be so transferred are those brought by or against the insolvent for the purpose of enforcing a claim against the insolvent estate, or brought by a person other than the insolvent for the purpose of enforcing any such claim (including in either case proceedings of any description by a debenture-holder or mortgagee).

(4) Where proceedings are transferred under this Rule, the registrar may (subject to general or special directions of the judge) dispose of any matter arising in the proceedings which would, but for the transfer, have been disposed of in chambers or, in the case of proceedings transferred from a county court, by the registrar of that court.

Commencement Information

I1Rule 7.15 in force at 29.12.1986, see rule 0.1

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