PART 18REPORTING AND REMUNERATION OF OFFICE-HOLDERS
CHAPTER 4Remuneration and expenses in administration, winding up and bankruptcy
Remuneration and expenses: application to court by a creditor or member on grounds that remuneration or expenses are excessive18.34.
(1)
This rule applies to an application in an administration, a winding-up or a bankruptcy made by a person mentioned in paragraph (2) on the grounds that—
(a)
the remuneration charged by the office-holder is in all the circumstances excessive;
(b)
the basis fixed for the office-holder's remuneration under rules 18.16, 18.18, 18.19, 18.20 and 18.21 (as applicable) is inappropriate; or
(c)
the expenses incurred by the office-holder are in all the circumstances excessive.
(2)
The following may make such an application for one or more of the orders set out in rule 18.36 or 18.37 as applicable—
(a)
a secured creditor,
(b)
an unsecured creditor with either—
(i)
the concurrence of at least 10% in value of the unsecured creditors (including that creditor), or
(ii)
the permission of the court, or
(c)
in a members' voluntary winding up—
(i)
members of the company with at least 10% of the total voting rights of all the members having the right to vote at general meetings of the company, or
(ii)
a member of the company with the permission of the court.
(3)
The application by a creditor or member must be made no later than eight weeks after receipt by the applicant of the progress report under rule 18.3, or final report or account under rule 18.14 which first reports the charging of the remuneration or the incurring of the expenses in question (“the relevant report”).