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PART 11 U.K.Court procedure and practice

CHAPTER 1U.K.Applications

PreliminaryU.K.

95.  This Chapter applies to any application made to the court in energy supply company administration proceedings, except an application for an esc administration order.

Form and contents of applicationU.K.

96.—(1) Each application must be in writing and must state—

(a)that the application is made under the 1986 Act;

(b)the names of the parties;

(c)the name of the energy supply company which is the subject of the energy supply company administration proceedings;

(d)the court (and where applicable, the division or district registry of that court) in which the application is made;

(e)where the court has previously allocated a number to the energy supply company administration proceedings within which the application is made, that number;

(f)the nature of the remedy or order applied for or the directions sought from the court;

(g)the names and addresses of the persons (if any) on whom it is intended to serve the application or that no person is intended to be served;

(h)where the 1986 Act or these Rules require that notice of the application is to be given to specified persons, the names and addresses of all those persons (so far as known to the applicant); and

(i)the applicant's address for service.

(2) The application must be authenticated by the applicant if the applicant is acting in person or, when the applicant is not so acting, by or on behalf of the applicant's solicitor.

Application under section 176A(5) of the 1986 Act to disapply section 176A of the 1986 ActU.K.

97.—(1) An application under section 176A(5) of the 1986 Act M1 must be accompanied by a witness statement by the energy administrator.

(2) The witness statement must state—

(a)that the application arises in the course of an energy supply company administration;

(b)a summary of the financial position of the energy supply company;

(c)the information substantiating the energy administrator's view that the cost of making a distribution to unsecured creditors would be disproportionate to the benefits; and

(d)whether any other office holder is acting in relation to the energy supply company and if so that office holder's address.

Filing and service of applicationU.K.

98.—(1) An application must be filed in court, accompanied by one copy and a number of additional copies equal to the number of persons who are to be served with the application.

(2) Where an application is filed with the court in accordance with paragraph (1), the court must fix a venue for the application to be heard unless—

(a)it considers it is not appropriate to do so;

(b)the Rule under which the application is brought provides otherwise; or

(c)the case is one to which Rule 100 applies.

(3) Unless the court otherwise directs, the applicant must serve a sealed copy of the application, endorsed with the venue for the hearing, on the respondent named in the application (or on each respondent if more than one).

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

(a)that the application be served upon persons other than those specified by the relevant provision of the 1986 Act or these Rules;

(b)that the giving of notice to any person may be dispensed with;

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

(5) An application must be served at least 14 days before the date fixed for its hearing unless—

(a)the provision of the 1986 Act or these Rules under which the application is made make different provision; or

(b)the case is one of urgency, to which paragraph (6) applies.

(6) Where the case is one of urgency, the court may (without prejudice to its general power to extend or abridge time limits)—

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

(b)authorise a shorter period of service than that provided for by paragraph (5);

and any such application may be heard on terms providing for the filing or service of documents, or the carrying out of other formalities, as the court thinks just.

Application under section 176A(5) of the 1986 ActU.K.

99.  An application under section 176A(5) of the 1986 Act may be made without the application being served upon or notice being given to any other party.

Hearings without noticeU.K.

100.  Where the relevant provisions of the 1986 Act or these Rules do not require service of the application on, or notice of it to be given to, any person—

(a)the court may hear the application as soon as reasonably practicable without fixing a venue as required by Rule 98; or

(b)it may fix a venue for the application to be heard in which case Rule 98 applies to the extent that it is relevant;

but nothing in those provisions is to be taken as prohibiting the applicant from giving such notice if the applicant wishes to do so.

Hearing of applicationU.K.

101.—(1) Unless the court otherwise directs, the hearing of an application must be in open court.

(2) In a county court, the jurisdiction of the court to hear and determine an application may be exercised by the district judge (to whom any application must be made in the first instance) unless—

(a)a direction to the contrary has been given, or

(b)it is not within the district judge's power to make the order required.

(3) In the High Court, the jurisdiction of the court to hear and determine an application may be exercised by the registrar (to whom any application must be made in the first instance) unless—

(a)a direction to the contrary has been given, or

(b)it is not within the registrar's power to make the order required.

(4) Where the application is made to the district judge in the county court or to the registrar in the High Court, the district judge or the registrar may refer to the judge any matter which the district judge or registrar thinks should properly be decided by the judge, and the judge may either dispose of the matter or refer it back to the district judge or the registrar with such directions as that judge thinks just.

(5) Nothing in this Rule precludes an application being made directly to the judge in a proper case.

Witness statements - generalU.K.

102.—(1) Subject to Rule 104, where evidence is required by the 1986 Act or these Rules as to any matter, such evidence may be provided in the form of a witness statement unless—

(a)in any specific case a Rule or the 1986 Act makes different provision; or

(b)the court otherwise directs.

(2) The court may, on the application of any party to the matter in question order the attendance for cross-examination of the person making the witness statement.

(3) Where, after such an order has been made, the person in question does not attend, that person's witness statement shall not be used in evidence without the permission of the court.

Filing and service of witness statementsU.K.

103.  Unless the provisions of the 1986 Act or these Rules under which the application is made provide otherwise, or the court otherwise allows—

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

(b)where a respondent to an application intends to oppose it and rely for that purpose on evidence in a witness statement, the respondent must file the witness statement with the court and serve a copy on the applicant, not less than 5 business days before the date fixed for the hearing.

Use of reportsU.K.

104.—(1) A report may be filed in court by the energy administrator instead of a witness statement, unless the application involves other parties or the court otherwise orders.

(2) In any case where a report is filed instead of a witness statement, the report shall be treated for the purposes of Rule 102 and any hearing before the court as if it were a witness statement.

(3) Where the witness statement is made by the energy administrator, the witness statement must state the address at which the energy administrator works.

Adjournment of hearings; directionsU.K.

105.—(1) The court may adjourn the hearing of an application on such terms as it thinks just.

(2) The court may at any time give such directions as it thinks just as to—

(a)service or notice of the application on or to any other person;

(b)whether particulars of claim and defence are to be delivered and generally as to the procedure on the application including whether a hearing is necessary;

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

(3) The court may give directions as to the manner in which any evidence is to be adduced at a resumed hearing and in particular as to—

(a)the taking of evidence wholly or partly by witness statement or orally;

(b)the cross-examination of the maker of a witness statement; or

(c)any report to be made by the energy administrator.