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461. For Rule 7.37 (petitions presented by insolvents) substitute—
(1) This Rule applies where—
(a)a winding-up petition is presented by a company against itself;
(b)a bankruptcy petition is presented by a debtor against that debtor,
and references in this Rule to “the insolvent” are to be read as a reference to the company or the debtor.
(2) A solicitor acting in either of the cases mentioned in paragraph (1) must in the solicitor’s bill of costs give credit for any sum or security received by the solicitor as a deposit from the insolvent 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 of a kind mentioned in paragraph (1) and prior to the presentation of that petition a petition had been presented by a creditor, no costs are allowed to the insolvent or that insolvent’s solicitor out of that insolvent’s estate unless the court considers that—
(a)the insolvent estate has benefited by the insolvent’s conduct; or
(b)there are otherwise special circumstances justifying the allowance of costs.”.
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