Prospective
4.188.—(1) [[FORM 4.53]] Within 7 days after the day on which the copy of the notice of disclaimer is returned to him under Rule 4.187, the liquidator shall send or give copies of the notice (showing the date endorsed as required by that Rule) to the persons mentioned in paragraphs (2) to (4) below.
(2) Where the property disclaimed is of a leasehold nature, he shall send or give a copy to every person who (to his knowledge) claims under the company as underlessee or mortgagee.
(3) He shall in any case send or give a copy of the notice to every person who (to his knowledge)—
(a)claims an interest in the disclaimed property, or
(b)is under any liability in respect of the property, not being a liability discharged by the disclaimer.
(4) If the disclaimer is of an unprofitable contract, he shall send or give copies of the notice to all such persons as, to his knowledge, are parties to the contract or have interests under it.
(5) If subsequently it comes to the liquidator's knowledge, in the case of any person, that he has such an interest in the disclaimed property as would have entitled him to receive a copy of the notice of disclaimer in pursuance of paragraphs (2) to (4), the liquidator shall then forthwith send or give to that person a copy of the notice.
But compliance with this paragraph is not required if—
(a)the liquidator is satisfied that the person has already been made aware of the disclaimer and its date, or
(b)the court, on the liquidator's application, orders that compliance is not required in that particular case.
Commencement Information
I1Rule 4.188 in force at 29.12.1986, see rule 0.1