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 bankrupt on grounds that remuneration or expenses are excessive18.35

1

A bankrupt may, with the permission of the court, make an application on the grounds that—

a

the remuneration charged by the office-holder is in all the circumstances excessive;

b

the expenses incurred by the office-holder are in all the circumstances excessive.

2

The bankrupt may make such an application for one or more of the orders set out in rule 18.36(4).

3

The application must be made no later than eight weeks after receipt by the bankrupt of the report under rule 10.87.

4

The court must not give the bankrupt permission to make an application unless the bankrupt shows that—

a

there is (or would be but for the remuneration or expenses in question); or

b

it is likely that there will be (or would be but for the remuneration or expenses in question),

a surplus of assets to which the bankrupt would be entitled.

5

Paragraph (4) is without prejudice to the generality of the matters which the court may take into account in determining whether to give the bankrupt permission.