The Insolvency (England and Wales) Rules 2016

Procedure at public examination

7.105.—(1) At the public examination the examinee must—

(a) be examined on oath; and

(b) answer all the questions which the court puts, or allows to be put.

(2) A person allowed by section 133(4) to question the examinee may—

(a) with the approval of the court appear by an appropriately qualified legal representative; or

(b) in writing authorise another person to question the examinee on that person’s behalf.

(3) The examinee may at the examinee’s own expense employ an appropriately qualified legal representative, who may put to the examinee such questions as the court may allow for the purpose of enabling the examinee to explain or qualify any answers given by the examinee, and may make representations on behalf of the examinee.

(4) The court must have such record made of the examination as the court thinks proper.

(5) The record may, in any proceedings (whether under the Act or otherwise) be used as evidence of any statement made by the examinee in the course of the public examination.

(6) If criminal proceedings have been instituted against the examinee, and the court is of the opinion that continuing the hearing might prejudice a fair trial of those proceedings, the hearing may be adjourned.