SCHEDULES

SCHEDULE 8Moratoriums in Northern Ireland: temporary provision

PART 3Temporary rules

42Challenge to monitor’s remuneration

1

An administrator or liquidator of a company may apply to the High Court on the ground that remuneration charged by the monitor in relation to a prior moratorium for the company under Part 1A of the Insolvency (Northern Ireland) Order 1989 was excessive.

2

An application under this paragraph may not be made after the end of the period of 2 years beginning with the day after the moratorium ends.

3

On an application under this paragraph the Court may—

a

dismiss the application,

b

order the monitor to repay some or all of the remuneration, or

c

make such other order as it thinks fit.

4

The costs of an application under this paragraph are, unless the Court orders otherwise, to be paid as an expense of the administration or liquidation.