(This note is not part of the Rules.)
These Rules set out a special code of procedure for applications by the Department of Enterprise, Trade and Investment or the official receiver for the disqualification of directors by the High Court under Articles 10 and 11 of the Company Directors Disqualification (Northern Ireland) Order 2002.
These Rules provide for the revocation of the Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules (Northern Ireland) 1991 and the re-enactment of those Rules with amendments. These Rules provide that the application is to be by way of the originating summons procedure subject to the particular provisions set out in these Rules for the purpose of Article 10 and 11 applications.
These Rules provide for: –
a
matters to be endorsed upon the summons;
b
the report of the official receiver to be prima facie evidence of the matters contained in it;
c
the time limits on the filing of evidence in court;
d
further provision in regard to the disposal of applications by the Master (Bankruptcy);
e
the clarification of the power of the court to make orders where the respondent does not appear, and
f
right of audience of official receivers and deputy official receivers.