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The Investment Bank Special Administration (England and Wales) Rules 2011

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Expunging of proof by the court

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159.—(1) The court may expunge a proof or reduce the amount claimed—

(a)on the administrator’s application, where the administrator thinks that the proof has been improperly admitted, or ought to be reduced; or

(b)on the application of a creditor, if the administrator declines to interfere in the matter.

(2) Where application is made to the court under this rule, the court shall fix a venue for the application to be heard, notice of which shall be sent by the applicant—

(a)in the case of an application by the administrator, to the creditor who made the proof; and

(b)in the case of an application by a creditor, to the administrator and to the creditor who made the proof (if the applicant is not the same creditor).

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