The Insolvency (England and Wales) Rules 2016

Evidence provided by the official receiver, an insolvency practitioner or a special managerE+W

This section has no associated Explanatory Memorandum

12.29.—(1) Where in insolvency proceedings a witness statement is made by an office-holder, the office-holder must state—

(a)the capacity in which the office-holder is acting; and

(b)the office-holder's address.

(2) The following may file a report with the court instead of a witness statement in all insolvency proceedings—

(a)the official receiver; and

(b)the adjudicator.

(3) The following may file a report with the court instead of a witness statement unless the application involves other parties or the court otherwise directs—

(a)an administrator;

(b)a provisional liquidator;

(c)a liquidator;

(d)an interim receiver;

(e)a trustee; F1...

(f)a special manager [F2; and]

[F3(g)a monitor.]

(4) Where a report is filed instead of a witness statement, the report must be treated for the purpose of rule 12.28 and any hearing before the court as if it were a witness statement.

Textual Amendments

Modifications etc. (not altering text)

C1Rule 12.29 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)