The PPP Administration Order Rules 2007

CHAPTER 8GENERAL

Principal court rules and practice to apply

72.—(1) The CPR and the practice and procedure of the High Court (including any practice direction) apply to PPP administration proceedings, with necessary modifications, except so far as inconsistent with these Rules.

(2) All PPP administration proceedings shall be allocated to the multi-track for which CPR Part 29 (the multi-track) makes provision, accordingly those provisions of the CPR which provide for allocation questionnaires and track allocation will not apply.

Right of audience

73.  Rights of audience in PPP administration proceedings are the same as obtain in insolvency proceedings.

Right of attendance

74.—(1) Subject as follows, in PPP administration proceedings, any person stating himself in writing, in records kept by the court for that purpose, to be a creditor or member of the PPP company is entitled, at his own cost, to attend in court or in chambers at any stage of the proceedings.

(2) Attendance may be by the person himself, or his solicitor.

(3) A person so entitled to attend may request the court in writing to give him notice of any step in the PPP administration proceedings; and, subject to his paying the costs involved and keeping the court informed as to his address, the court shall comply with the request.

(4) If the court is satisfied that the exercise by a person of his rights under this rule has given rise to costs for the assets of the PPP company which would not otherwise have been incurred and ought not, in the circumstances, to be paid out of those assets, the court may direct that the costs be paid by the person concerned, to an amount specified.

(5) Where the court makes a direction under paragraph (4) in relation to a person, the rights of that person under this rule shall be in abeyance so long as those costs are not paid.

(6) The court may appoint one or more persons to represent the creditors or the members of a PPP company, or any class of them, to have the rights conferred by this rule, instead of the rights being exercised by any or all of them individually.

(7) If two or more persons are appointed under paragraph (6) to represent the same interest, they must (if at all) instruct the same solicitor.

Special PPP administrator’s solicitor

75.  Where in PPP administration proceedings the attendance of the special PPP administrator’s solicitor is required, whether in court or in chambers, the special PPP administrator himself need not attend, unless directed by the court.

Formal defects

76.  No PPP administration proceedings shall be invalidated by any formal defect or by any irregularity, unless the court before which objection is made considers that substantial injustice has been caused by the defect or irregularity, and that the injustice cannot be remedied by any order of the court.

Affidavits

77.—(1) Subject to the following paragraphs of this rule, the practice and procedure of the High Court with regard to affidavits, their form and contents, and the procedure governing their use, are to apply to all PPP administration proceedings.

(2) Where in PPP administration proceedings an affidavit is made by the special PPP administrator, the deponent shall state the capacity in which he makes it, the position which he holds and the address at which he works.

(3) Subject to paragraph (4), where these Rules provide for the use of an affidavit, a witness statement verified by a statement of truth may be used as an alternative.

(4) Paragraph (3) does not apply to rules 91 and 92.

(5) Where paragraph (3) applies, any form prescribed by rule 100 shall be modified accordingly.

Security in court

78.—(1) Where security has to be given to the court (otherwise than in relation to costs), it may be given by guarantee, bond or the payment of money into court.

(2) A person proposing to give a bond as security shall give notice to the party in whose favour the security is required, and to the court, naming those who are to be sureties to the bond.

(3) The court shall forthwith give notice to the parties concerned of a venue for the execution of the bond and the making of any objection to the sureties.

(4) The sureties shall make an affidavit of their sufficiency (unless dispensed with by the party in whose favour the security is required) and shall, if required by the court, attend the court to be cross-examined.

Payment into court

79.  The CPR relating to payment into and out of court of money lodged in court as security for costs apply to money lodged in court under these Rules.

Further information and disclosure

80.—(1) Any party to PPP administration proceedings may apply to the court for an order—

(a)that any other party—

(i)clarify any matter which is in dispute in the proceedings; or

(ii)give additional information in relation to any such matter,

in accordance with CPR Part 18 (further information); or

(b)to obtain disclosure from any other party in accordance with CPR Part 31 (disclosure and inspection of documents).

(2) An application under this rule may be made without notice being served on any other party.

Office copies of documents

81.—(1) Any person who has under these Rules the right to inspect the court file of PPP administration proceedings may require the court to provide him with an office copy of any document from the file.

(2) A person’s right under this rule may be exercised on his behalf by his solicitor.

(3) An office copy provided by the court under this rule shall be in such form as the registrar thinks appropriate, and shall bear the court’s seal.