SCHEDULE 2PROCEDURAL MATTERS IN ENGLAND AND WALES
PART 8Misfeasance
Misfeasance by foreign representative29
1
The court may examine the conduct of a person who—
a
is or purports to be the foreign representative in relation to a debtor; or
b
has been or has purported to be the foreign representative in relation to a debtor.
2
An examination under this paragraph may be held only on the application of—
a
a British insolvency officeholder acting in relation to the debtor;
b
a creditor of the debtor; or
c
with the permission of the court, any other person who appears to have an interest justifying an application.
3
An application under sub-paragraph (2) must allege that the foreign representative—
a
has misapplied or retained money or other property of the debtor;
b
has become accountable for money or other property of the debtor;
c
has breached a fiduciary or other duty in relation to the debtor; or
d
has been guilty of misfeasance.
4
On an examination under this paragraph into a person's conduct the court may order him—
a
to repay, restore or account for money or property;
b
to pay interest;
c
to contribute a sum to the debtor's property by way of compensation for breach of duty or misfeasance.
5
In sub-paragraph (3) “foreign representative” includes a person who purports or has purported to be a foreign representative in relation to a debtor.