PART 10E+WCourt procedure and practice

CHAPTER 7E+WApplications for an order under section 236 of the IA 1986

Costs of proceedings under section 236 of the IA 1986E+W

217.—(1) Where the court has ordered an examination of any person under section 236 of the IA 1986 and it appears to it that the examination was made necessary because information had been unjustifiably refused by the respondent, it may order that the costs of the examination be paid by the respondent.

(2) Where the court makes an order against a person under—

(a)section 237(1)(1) of the IA 1986, or

(b)section 237(2) of the IA 1986,

the costs of the application for the order may be ordered by the court to be paid by the respondent.

(3) Subject to paragraphs (1) and (2), the administrator’s costs will, unless the court otherwise orders, be paid as an expense of the special administration.

(4) A person summoned to attend for examination under this Chapter must be tendered a reasonable sum in respect of travelling expenses incurred in connection with that person’s attendance but any other costs falling on that person are at the court’s discretion.

Commencement Information

I1Rule 217 in force at 12.11.2021, see rule 2

(1)

Section 237 was amended by Banking Act 2009 (c. 1), S.I. 2011/245, S.I. 2013/1388 and the Financial Services (Banking Reform) Act 2013 (c. 33). There are other amending instruments but none is relevant.