The Water Industry (Special Administration) Rules 2009

CHAPTER 1 Applications

Preliminary

68.  This Chapter applies to all applications made to the court in special administration proceedings, except a petition for a special administration order.

Interpretation

69.  In this Chapter—

“originating application” means an application to the court that is not made in pending proceedings before the court; and

“ordinary application” means any other application to the court.

Form and contents of applications

70.—(1) An application must be in writing and must state—

(a) the names of the parties;

(b) the nature of the relief or order applied for or the directions sought from the court;

(c) if the application is to be served on any other person, the name and address of each person on whom the applicant will serve the application;

(d) if the Insolvency Act or these Rules require that notice of the application is to be given to a particular person, the name and address of that person (so far as the applicant knows); and

(e) the applicant’s address for service.

(2) If the application is not to be served on any other person, it must contain a statement to that effect.

(3) An originating application must set out the grounds on which the applicant claims the relief or order sought.

(4) An originating application must be in Form WAT21.

(5) An ordinary application must be in Form WAT22.

(6) The application must be signed—

(a) by the applicant;

(b) if the applicant is a child or a protected party (within the meaning of CPR rule 21), by a litigation friend of the applicant; or

(c) by the applicant’s solicitor.

Filing and service of applications

71.—(1) An application must be filed, with as many extra copies as there are persons to be served with the application, plus one more copy.

(2) Subject to paragraphs (3) to (6) and rule 72(3), or unless the rule under which the application is made provides otherwise, or the court otherwise orders, the court will fix a venue for the hearing of the application.

(3) Unless the court otherwise directs, the applicant must serve a sealed copy of the application, endorsed with the venue of the hearing, on the respondent or each respondent.

(4) Subject to any direction of the court under paragraph (5)(c), service on a person of a sealed copy of the application is sufficient notice of the venue for the application.

(5) The court may give any of the following directions—

(a) that the application be served upon a person other than one specified by the relevant provision of the Insolvency Act or these Rules;

(b) that the giving of notice to a particular person or persons be dispensed with; or

(c) that notice be given in some way other than that specified in paragraph (3).

(6) Subject to any provision of the Insolvency Act or these Rules, and subject to any direction under paragraph (5)(b), the application must be served at least 14 days before the date fixed for the hearing.

Hearings without notice

72.—(1) In an urgent case, the court may—

(a) hear the application immediately, either with or without notice to, or with or without the attendance of, other parties; or

(b) authorise a shorter period of service than required by rule 71(6).

(2) The court may hear an application referred to in paragraph (1) on terms providing for the filing or service of documents, or the carrying out of other formalities, as the court thinks fit.

(3) If hearing an application without service on any other party is permitted, the court may hear it as soon as reasonably practicable, without fixing a venue.

(4) However, if the court fixes a venue for the application to be heard, rule 71 applies (so far as relevant).

Hearing of applications in private

73.  Unless the court orders otherwise—

(a) an application before a registrar must be heard in private; and

(b) an application before a judge may be heard in private.

Exercise of court’s jurisdiction by registrar

74.—(1) The registrar may exercise the jurisdiction of the court to hear and determine an application made to the registrar in the first instance, unless—

(a) a judge has given a general or special direction to the contrary; or

(b) it is not within the registrar’s power to make an order sought by the application.

(2) If the application is made to the registrar, the registrar may refer to a judge any matter that the registrar thinks should properly be decided by a judge, and the judge may either dispose of the matter or refer it back to the registrar with such direction as the judge thinks fit.

(3) Nothing in this rule prevents an application being made directly to the judge.

Use of witness statements

75.—(1) Evidence may be given by witness statement supported by a statement of truth unless the court otherwise directs.

(2) CPR Part 32 applies to the use of witness statements in special administration proceedings.

Filing and service of witness statements

76.—(1) Unless the provision of the Insolvency Act or these Rules under which an application is made provides otherwise, or the court allows otherwise—

(a) if the applicant intends to rely on a witness statement, the applicant must file the statement and serve a copy on the respondent not less than 14 days before the date fixed for the hearing; and

(b) if a respondent to an application intends to oppose it and to rely for that purpose on a witness statement, the respondent must file the statement and serve a copy on the applicant not less than 7 days before the date fixed for the hearing.

Use of reports

77.—(1) The special administrator may file a report instead of an affidavit or witness statement, unless the application involves other parties or the court otherwise orders.

(2) If the special administrator files a report instead of an affidavit or witness statement, the report must be treated as if it were a witness statement.

(3) In particular, the court may order the special administrator to attend for cross-examination on the report.

Adjournment of hearing: directions

78.—(1) The court may adjourn the hearing of an application on such terms (if any) as it thinks fit.

(2) The court may give directions generally as to the procedure on the application and in particular as to—

(a) service on, or notice of the application to, a person, whether in connection with the venue of a resumed hearing or for any other purpose;

(b) whether particulars of claim and defence are to be delivered;

(c) the manner in which evidence is to be adduced, and in particular as to—

(i) the taking of evidence wholly or in part by affidavit or witness statement or orally;

(ii) the cross-examination of deponents to affidavits or persons who have made witness statements; and

(iii) any report to be given by the special administrator; and

(d) the matters to be dealt with in evidence.