Part 9 - Shorthand writers and the record of the examination
Note: [r7.16(2) and (3) as amended by the Insolvency (Amendment) Rules 2010; Form GENAPP]
A shorthand writer can either be appointed directly by the court or on the application of the official receiver. Where the official receiver applies he must name the person he proposes for appointment. Further guidance concerning the employment of shorthand writers is given in chapter 32.3 - Part 2.
Shorthand writers’ remuneration is determined by the court. Where the appointment is made on the application of the official receiver in order that a written record may be taken of an examinee’s evidence the cost of the written record is deemed an expense of the official receiver in the proceedings and the shorthand writer’s remuneration is paid as part of the expenses under rule 4.218(3)(a) or 6.224(1)(a) (i.e. it ranks highly for repayment from the estate). Where a shorthand writer is appointed directly by the court the remuneration is payable as part of the expenses but has a lower priority. The official receiver should ensure that a shorthand writer is always paid promptly, even if this means incurring a debit balance. The rates of remuneration for shorthand writers are agreed between the Shorthand Writers’ Association and the Treasury, and increases are often backdated. Such increases should be paid by the official receiver in accordance with instructions issued on the subject from time to time.
Notes: [r7.17] [r7.18] [r4.218 or 6.224]
To facilitate reference, the questions in the written record will be numbered consecutively and, if the examination is adjourned, the questions put at the adjournment will be numbered in continuation of the numbers in the notes of the original hearing. The written record made of the examination will be read over either to or by the examinee, authenticated by him and verified by a statement of truth at a venue fixed by the court. Depending on local practice, the court may expect the official receiver to write to the examinee requiring his attendance to make the verification. The official receiver should make arrangements with the court sufficient to ensure that he receives copies of all relevant documents for his file.
Notes: [r4.215(4) or r6.175(4) both as amended by the Insolvency (Amendment) Rules 2010 and Form PEVER]
Where an examinee can more conveniently attend a court other than the court dealing with the proceedings, for the purpose of authenticating the record of the examination, the latter court may, on the application of the examinee or the official receiver, make an order in aid. Where such an order is made it will be sent by that court to the registrar or district judge of the other court, who should make arrangements directly with the examinee (whose address should be stated) for his/her attendance. The official receiver should inform the examinee in writing that arrangements are being made for him/her to attend another court and that they must await instructions from the registrar/district judge of the court which he is to attend.
Where the record of the examination has not been read over to or by the examinee and authenticated by him/her shorthand writers should retain their original notes until the written record has been authenticated by the examinee. In all cases in which it appears that the examinee’s authentication to the written record cannot be obtained (if, for instance, he/she has absconded or cannot be traced) the original notes must be obtained from the shorthand writer and, with a memorandum of identification authenticated by him/her, placed on the official receiver’s file in an envelope suitably identified and marked that it is not to be destroyed separately from the office file.
The verbal evidence of the shorthand writer will not be admissible in most criminal prosecutions following the decision in Saunders v UK and the passing of the Youth Justice and Criminal Evidence Act 1999.
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