[F1Challenge to monitor’s actionsN.I.
13F.—(1) Any of the persons specified below may apply to the High Court on the ground that an act, omission or decision of the monitor during a moratorium has unfairly harmed the interests of the applicant.
(2) The persons who may apply are—
(a)a creditor, director or member of the company, or
(b)any other person affected by the moratorium.
(3) An application under paragraph (1) may be made during the moratorium or after it has ended.
(4) On an application under paragraph (1) the Court may—
(a)confirm, reverse or modify any act or decision of the monitor,
(b)give the monitor directions, or
(c)make such other order as it thinks fit (but may not, under this sub-paragraph, order the monitor to pay any compensation).
(5) Where an application under paragraph (1) relates to a failure by the monitor to bring the moratorium to an end under Article 13ED(1), an order under paragraph (4) may, in particular, bring the moratorium to an end and make such consequential provision as the Court thinks fit.
(6) Where an application under paragraph (1) relates to the monitor bringing a moratorium to an end under Article 13ED(1), an order under paragraph (4) may, in particular, provide that the moratorium is not to be taken into account for the purposes of paragraph 2(1)(b) of Schedule ZA1 (company not eligible for moratorium if moratorium in force within previous 12 months).
(7) In making an order under paragraph (4) the Court must have regard to the need to safeguard the interests of persons who have dealt with the company in good faith and for value.
(8) See also Article 13CH (obligations to notify change in end of moratorium).]