The Insolvency (England and Wales) Rules 2016

Standard contents and authentication of applications to the court under [F1 Part A1] to 11 of the Act E+W

1.35.—(1) This rule applies to applications to court under [F1 Part A1] to 11 of the Act (other than an application for an administration order, a winding up petition or a bankruptcy petition).

(2) The application must state—

(a) that the application is made under the Act or these Rules (as applicable);

(b) the section of the Act or paragraph of a Schedule to the Act or the number of the rule under which it is made;

(c) the names of the parties;

(d) the name of the bankrupt, debtor or company which is the subject of the insolvency proceedings to which the application relates;

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

(f) where the court has previously allocated a number to the insolvency proceedings within which the application is made, that number;

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

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

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

(j) the applicant's address for service.

(3) The application must be authenticated by or on behalf of the applicant or the applicant's solicitor.

Textual Amendments

F1 Words in rule 1.35 substituted (1.10.2021) by virtue of The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rule 1, Sch. 1 paras. 2, 3 Table (with rules 4, 5)

Modifications etc. (not altering text)

C1 Rule 1.35 applied (with modifications) (temp.) (26.6.2020) by Corporate Insolvency and Governance Act 2020 (c. 12), s. 49(1), Sch. 4 para. 47 (with ss. 2(2), 5(2), Sch. 4 para. 12)

C2 Rule 1.35 applied (with modifications) (30.9.2021) by S.I. 2014/229, art. 2(2A), Sch. 1A paras. 1(4)(5), 35, 38 (as inserted by The Co-operative and Community Benefit Societies (Administration) (Amendment) Order 2021 (S.I. 2021/1048), arts. 1(1), 2)

C3 Rules 1.18-1.58 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 12-33, Sch. (with rule 2(2))