Appeal against decision on proofE+W
125.—(1) If a creditor is dissatisfied with the administrator’s decision with respect to their proof (including any decision on the question of preference), that creditor may apply to the court for the decision to be reversed or varied.
(2) An application under paragraph (1) must be made within twenty-one days of the creditor receiving the statement sent under rule 124.
(3) A member or any other creditor may, if dissatisfied with the administrator’s decision admitting or rejecting the whole or any part of a proof, make an application to the court for the decision to be reversed or varied within twenty-one days of becoming aware of the administrator’s decision.
(4) The applicant must give notice of an application under paragraph (1) or (3) to the FCA
(5) Where an application is made to the court under this rule, the court must fix a venue for the application to be heard.
(6) The applicant must send notice of the venue set by the court under paragraph (5) to—
(a)the creditor who lodged the proof in question (if the applicant is not that creditor),
(b)the administrator, and
(c)the FCA.
(7) The administrator must, on receipt of the notice, file with the court the relevant proof, together (if relevant) with a copy of the statement sent under rule 124.
(8) Where the application is made by a member, the court must not disallow the proof (in whole or in part) unless the member shows that there is (or would be but for the amount claimed in the proof), or that it is likely that there will be (or would be but for the amount claimed in the proof), a surplus of assets to which the institution would be entitled.
(9) After the application has been heard and determined, the proof must, unless it has been wholly disallowed, be returned by the court to the administrator.
(10) The administrator is not personally liable for costs incurred by any person in respect of an application under this rule unless the court otherwise orders.
Commencement Information
I1Rule 125 in force at 12.11.2021, see rule 2