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The Insolvency (England and Wales) Rules 2016

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This is the original version (as it was originally made).

Petitions presented by insolvent companies

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12.45.—(1) This rule applies where a winding-up petition is presented by a company against itself.

(2) A solicitor acting for the company must in the solicitor’s bill of costs give credit for any sum or security received by the solicitor as a deposit from the company on account of the costs and expenses to be incurred in respect of the filing and prosecution of the petition and the deposit must be noted by the costs officer on the final costs certificate.

(3) Where an order is made on a petition presented by the company and before the presentation of that petition a petition had been presented by a creditor, no costs are to be allowed to the company or that company’s solicitor out of the insolvent estate unless the court considers that—

(a)the insolvent estate has benefited by the company’s conduct; or

(b)there are otherwise special circumstances justifying the allowance of costs.

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