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PART 7WINDING UP BY THE COURT

CHAPTER 13Public examination of company officers and others (section 133)

Order for public examination

7.102.—(1) An order for a public examination must have the title “Order for Public Examination” and must contain the following—

(a)identification details for the proceedings;

(b)the name and title of the judge making the order;

(c)the name and postal address of the person to be examined;

(d)the venue for the public examination;

(e)the order that the person named in the order must attend the specified venue for the purpose of being publicly examined;

(f)the date of the order; and

(g)a warning to the person to be examined that failure without reasonable excuse to attend the public examination at the time and place specified in the order will make the person liable to be arrested without further notice under section 134(2); and that the person will also be guilty of contempt of court under section 134(1) and be liable to be committed to prison or fined.

(2) The official receiver must serve a copy of the order on the person to be examined as soon as reasonably practicable after the order is made.

(3) The court must rescind an order for the public examination of a person who was said to fall within section 133(1)(c) if that person satisfies the court that it is not so.

[Note: rule 81.9 (as amended) of the CPR requires a warning as mentioned in paragraph (1)(g) to be displayed prominently on the front of the order.]