Part 6 - Examinee unfit to be examined
The official receiver should not normally fix a public examination hearing for a person who suffers from any illness, disability, or mental disorder which he knows would make it difficult for the examinee to attend or take part in the hearing. Where a public examination has been fixed, and the court takes the view that the examinee is unfit to undergo or attend it, the court may either stay the order fixing the examination or direct how and where the examination should be conducted. If the official receiver is aware that the examinee is likely to be unable to attend court he should in his application for the holding of the public examination ask that the court order the examination to take place at a convenient location, e.g. the examinee’s home. The official receiver should speak to the district judge or registrar in advance of making the application to seek his views.
Notes: [r4.214(1)as amended by the Insolvency (Amendment) Rules 2010 and Form 4.64 or r6.174(1) as amended by the Insolvency (Amendment) Rules 2010 and Form 6.57]
Note: [r4.214(2) or r6.174(2)]
An application to the court concerning a stay in, or a different venue for, holding a public examination will normally be made by :-
Only exceptionally should the official receiver himself make such an application.
Where the applicant is other than the official receiver and the proposed examinee is not a patient within the meaning of the Mental Health Act 1983, the application must be accompanied by a witness statement of a registered medical practitioner as to the examinee’s mental and physical condition.
Note: [r4.214(3)(a) or 6.174(3)(a) both as amended by the Insolvency (Amendment) Rules 2010]
Note: [r4.214(3) or 6.174(3) both as amended by the Insolvency (Amendment) Rules 2010]
The applicant must give the official receiver and any liquidator or trustee at least 7 days’ notice of the application (5 business days in post 6 April 2010 bankruptcy petition cases). Before any order is made, the applicant must provide the official receiver with a deposit to cover any additional expenses caused (e.g. by the need to use a venue other than the court). The official receiver will need to fix this sum, which should be notified by letter to the applicant. The order subsequently made may nevertheless provide for the payment of expenses out of the estate. If the official receiver makes the application it may be without notice to any other party and supported by evidence in the form of a report to the court rather than a witness statement. Any expenses incurred in holding an examination where the application is made by the official receiver are deemed an expense of the official receiver and are paid as part of the expenses under rule 4.218 or 6.224(1)(a) (see also paragraph 14.48 below).
Notes: [intranet form PECOE] [r4.214(4) or 6.174(4) both as amended by the Insolvency (Amendment) Rules 2010]