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Part 5Claims in Energy Administration

Amount which may be claimed generally

42.—(1) Subject to Rules 30, 37 and 43, the amount in respect of which a creditor shall be entitled to claim shall be the accumulated sum of principal and any interest which is due on the debt as at the date upon which the energy supply company entered energy supply company administration.

(2) If a debt does not depend on a contingency but would not be payable but for the energy supply company administration until after the date upon which the energy supply company entered energy supply company administration, the amount of the claim shall be calculated as if the debt were payable on the date when the energy supply company entered energy supply company administration but subject to the deduction of interest at the rate specified in section 17 of the Judgments Act 1838 (judgment debts to carry interest)(1) on the date when the energy supply company entered energy supply company administration from the said date until the date for payment of the debt.

(3) In calculating the amount of the creditor’s claim, a creditor shall deduct any discount (other than any discount for payment in cash) which is allowable by contract or course of dealing between the creditor and the energy supply company or by the usage of trade.

(1)

1838 c.110, as amended by S.I. 1998/2940, Article 3.