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The Civil Procedure Rules 1998
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- UK Statutory Instruments
- 1998 No. 3132 (L. 17)
- SCHEDULE 2
- CCR ORDER 39
- Paragraph Rule 11
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Changes over time for: Paragraph Rule 11
Alternative versions:
- 26/04/1999- Amendment
- 22/04/2014- Amendment
- 03/10/2016
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Point in time view as at 03/10/2016.
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There are currently no known outstanding effects for the The Civil Procedure Rules 1998, Paragraph Rule 11.
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Subsequent proof by creditorE+W
Rule 11—(1) Any creditor whose debt is not scheduled to an administration order, and any person who after the date of the order became a creditor of the debtor, shall, if [F1that creditor] wishes to prove [F2that] debt, send particulars of [F3the] claim to the court officer, who shall give notice of it to the debtor and to every creditor whose debt is so scheduled.
(2) If neither the debtor nor any creditor gives notice to the court officer, within 7 days after receipt of notice under paragraph (1), that [F4they object] to the claim, then, unless it is required by the court to be supported by evidence, the claim shall be taken to be proved.
(3) If the debtor or a creditor gives notice of objection within the said period of 7 days or the court requires the claim to be supported by evidence, the court officer shall fix a day for consideration of the claim and give notice of it to the debtor, the creditor by whom the claim was made and the creditor, if any, making the objection, and on the hearing the court may either disallow the claim or allow it in whole or in part.
(4) If a claim is taken to be proved under paragraph (2) or allowed under paragraph (3), the debt shall be added to the schedule to the order and a copy of the order shall then be sent to the creditor by whom the claim was made.
Textual Amendments
F1Words in Sch. 2 CCR Order 39 rule 11(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(i)(aa) (with rule 25)
F2Word in Sch. 2 CCR Order 39 rule 11(1) substituted (22.4.2014) by The Civil Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/867), rules 1, 22(i)(bb) (with rule 25)
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