PART 18COURT PROCEDURE AND PRACTICE
CHAPTER 1APPLICATIONS (GENERAL)
Preliminary182.
This Part applies to any application made to the court under Part 2 of the Banking Act or these Rules except an application under section 95 of the Banking Act for a building society insolvency order.
Interpretation183.
Form and contents of application184.
Apply rule 7.3 of the 1986 Rules.
Application under section 176A(5) to disapply section 176A185.
(1)
(2)
In paragraph (1), ignore “administrator or receiver.”
(3)
Ignore paragraph (2)(a).
Filing and service of application186.
Apply rule 7.4 of the 1986 Rules.
Notice of application under section 176A(5)187.
Other hearings without notice188.
Apply rule 7.5 of the 1986 Rules.
Hearing of application189.
Apply rule 7.6 of the 1986 Rules.
Use of evidence190.
Apply rule 7.7 of the 1986 Rules.
Filing and service of witness statements191.
Apply rule 7.8 of the 1986 Rules. Ignore paragraph (2).
Use of reports192.
(1)
Unless the application involves other parties, or the court orders otherwise, a report may be filed in court instead of a witness statement by—
(a)
the building society liquidator,
(b)
the provisional building society liquidator, or
(c)
the special manager.
(2)
In any case where a report is filed instead of a witness statement, the report shall be treated for the purposes of rule 191, and any hearing before the court, as if it were a witness statement.
Adjournment of hearings: directions193.
Apply rule 7.10 of the 1986 Rules. In paragraph (2)(c)(iii), for “Rule 7.9(1)(b)” substitute “Rule 192(1) of the 2010 Rules”.
CHAPTER 2SHORTHAND WRITERS
Nomination and appointment of shorthand writers194.
(1)
(2)
In paragraph (1) leave out “and, in a county court, the registrar”.
(3)
In paragraph (2) leave out “133” and “251N, 290 or 366”.
(4)
Ignore paragraph (3).
Remuneration195.
CHAPTER 3ENFORCEMENT PROCEDURES
Enforcement of court orders196.
(1)
Apply rule 7.19 of the 1986 Rules.
(2)
Ignore paragraph (2).
Orders enforcing compliance with the Rules197.
(1)
The court may, on the application of the building society liquidator or the provisional building society liquidator as the case may be, make such orders as it thinks necessary for the enforcement of obligations falling on any person in accordance with—
(a)
section 143(2) (liquidator to furnish information, books, papers etc.) of the Insolvency Act or
(b)
section 235 (duty to cooperate with liquidator) of that Act.
(2)
An order of the court under this rule may provide that all the costs of and incidental to the application for it shall be borne by the person against whom the order is made.
Warrants (general provisions)198.
(1)
A warrant issued by the court under any provision of the 1986 Act shall be addressed to such officer of the High Court as the warrant specifies, or to any constable.
(2)
The person described in section 236(5) of the Insolvency Act as the prescribed officer of the court is the tipstaff and his assistants of the court.
(3)
In this Chapter, references to property include books, papers and records.
Warrants under section 236199.
CHAPTER 4COURT RECORDS AND RETURNS
Title of proceedings200.
Every proceeding under Part 2 of the Banking Act shall, with any necessary additions, be titled “IN THE MATTER OF …………….. (naming the building society to which the proceedings relate) AND IN THE MATTER OF THE BANKING ACT 2009”.
Court records201.
Apply rule 7.27 of the 1986 Rules.
Inspection of records202.
Apply rule 7.28 of the 1986 Rules.
File of court proceedings and inspection203.
(1)
The Court shall open and maintain a file for each building society insolvency and (subject to the direction of the registrar) all documents relating to that building society insolvency shall be placed on that file.
(2)
Where a file has been opened under paragraph (1), the following have the right, at all reasonable times, to inspect that file—
(a)
the building society liquidator,
(b)
any person stating in writing that they are a creditor of the building society to which the building society insolvency relates,
(c)
a member of the building society,
(d)
any person who is, or at any time has been, a director or officer of the building society to which the building society insolvency relates,
(e)
any person who is a contributory of the building society to which the building society insolvency relates, and
(f)
the Bank of England, the FSA and the FSCS.
(3)
The right of inspection conferred on any person by paragraph (2) may be exercised on their behalf by a person properly authorised by them.
(4)
Any person may, with permission of the court, inspect the file.
(5)
The right of inspection conferred by this rule is not exercisable in respect of documents, or parts of documents, which the court has directed (either generally or specially) are not to be open to inspection without the court’s permission.
(6)
An application for a direction of the court under paragraph (5) may be made by the building society liquidator or by any party appearing to the court to have an interest in the building society insolvency.
(7)
If, for the purposes of powers conferred by the Insolvency Act, the Banking Act or these Rules, the Secretary of State wishes to inspect the file on a building society insolvency and requests the court to transmit the file, the court shall comply with the request or, if the file is for the time being in use for the court’s own purposes, as soon as the file is no longer in such use.
(8)
Rule 202 applies in respect of the court’s file on any building society insolvency as it applies in respect of court records of general insolvency proceedings.
CHAPTER 5COSTS AND DETAILED ASSESSMENT
Application of the CPR204.
Requirement to assess costs by the detailed procedure205.
(1)
(2)
In paragraph (1)—
(a)
for “company insolvency” and “liquidation” substitute “building society insolvency”,
(b)
ignore sub-paragraph (b), and
(c)
for the words from “court to which” to the end substitute “High Court”.
(3)
In paragraph (2), leave out “or creditors”.
(4)
In paragraph (5), for “trustee in bankruptcy or a liquidator” substitute “building society liquidator.”
(5)
Ignore paragraph (6).
Procedure where detailed assessment required206.
Apply rule 7.35 of the 1986 Rules. Ignore paragraph (6).
Costs of officers charged with executions of writs or other process207.
(1)
(2)
In paragraph (1)(a), leave out “or 346(2)”.
(3)
In paragraph (1)(b), leave out “or 346(3)”.
Costs paid otherwise than out of the insolvent estate208.
Apply rule 7.38 of the 1986 Rules.
Award of costs against responsible insolvency practitioner209.
(1)
Apply rule 7.39 of the 1986 Rules.
(2)
Leave out from the beginning to “expenses” and “the official receiver or”.
Application for costs210.
(1)
Apply rule 7.40 of the 1986 Rules.
(2)
In paragraph (1) for “insolvency” substitute “building society insolvency”.
(3)
In paragraph (2), leave out the words from “, and, in winding up” to the end.
(4)
In paragraph (3), leave out “and, where appropriate, the official receiver”.
(5)
Costs and expenses of witnesses211.
(1)
(2)
In paragraph (1), leave out “the bankrupt or the debtor or”.
(3)
Ignore paragraph (2).
Final costs certificate212.
Apply rule 7.42 of the 1986 Rules.
CHAPTER 6PERSONS INCAPABLE OF MANAGING THEIR AFFAIRS
Introductory213.
Appointment of another person to act214.
Apply rule 7.44 of the 1986 Rules. Ignore paragraph (3)(c).
Witness statement in support of application215.
(1)
Apply rule 7.45 of the 1986 Rules.
(2)
In paragraph (1) leave out from the beginning to “receiver”.
(3)
Ignore paragraph (2).
Service of notices following appointment216.
Apply rule 7.46 of the 1986 Rules.
CHAPTER 7APPEALS IN BUILDING SOCIETY INSOLVENCY PROCEEDINGS
Appeals and review of court orders217.
(1)
The High Court may review, rescind or vary any order made by it in the exercise of its jurisdiction under Part 2 of the Banking Act.
(2)
An appeal from a decision of a registrar of the High Court lies, with the permission of the registrar or a judge of the High Court, to a single judge of the High Court, and a second appeal lies, with the permission of the Court of Appeal, to the Court of Appeal.
(3)
An appeal of a decision of first instance of a judge of the High Court lies, with the permission of the judge or the Court of Appeal, to the Court of Appeal.
Procedure on appeal218.
Part 52 of the CPR applies with regard to the procedure for appeals.
Appeal against a decision of the Secretary of State219.
CHAPTER 8GENERAL
Principal court rules and practice to apply220.
(1)
The CPR and the practice and procedure of the High Court (including any practice direction) apply to building society insolvency proceedings in the High Court, with any necessary modifications, except so far as inconsistent with these Rules.
(2)
All building society insolvency proceedings shall be allocated to the multi–track for which CPR Part 29 makes provision, accordingly those provisions of the CPR which provide for allocation questionnaires and track allocation do not apply.
Right of attendance221.
Apply rule 7.53 of the 1986 Rules. In paragraph (1) for “company insolvency proceedings” substitute “building society insolvency proceedings”.
Restriction on concurrent proceedings and remedies222.
Where in a building society insolvency, the court makes an order staying any action, execution or legal process against the property of the building society, service of the order may be effected by delivering a sealed copy to the address for service of the claimant or other person having the carriage of the proceedings to be stayed.
Security in court223.
Apply rule 7.58 of the 1986 Rules.
Payment into court224.
Further information and disclosure225.
(1)
(2)
“(3)
Before the passing of a full payment resolution the court shall only grant an order on an application under paragraph (1)(b) if satisfied that granting the order is unlikely to prejudice the achievement of Objective 1.”.
Office copies of documents226.
Apply rule 7.61 of the 1986 Rules.