PART 12E+WCOURT PROCEDURE AND PRACTICE

CHAPTER 3E+WMaking applications to court: general

Modifications etc. (not altering text)

Service or delivery of applicationE+W

12.9.—[F1(1) The applicant must serve a sealed copy of the application, endorsed with the venue for the hearing on—

(a)the respondent named in the application; and

(b)where an application is made under Part A1 of the Act relating to a regulated company within the meaning given by section A49, the appropriate regulator (within the meaning given by that section),

unless the court directs or these Rules provide otherwise.]

(2) The court may also give one or more of the following directions—

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

(b)that service upon, or the delivery of a notice to any person may be dispensed with;

(c)that such persons be notified of the application and venue in such other a way as the court specifies; or

(d)such other directions as the court sees fit.

(3) A sealed copy of the application must be served, or notice of the application and venue must be delivered, at least 14 days before the date fixed for its hearing unless—

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

(b)the case is urgent and the court acts under rule 12.10; or

(c)the court extends or abridges the time limit.

Textual Amendments

Modifications etc. (not altering text)

C2Rule 12.9 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)