The Insolvency (England and Wales) Rules 2016

Notice of disclaimer to interested persons (sections 178 and 315)

19.3.—(1) The office-holder must deliver a copy of the notice of disclaimer within seven business days after the date of the notice to every person who (to the office-holder’s knowledge)—

(a) claims an interest in the disclaimed property;

(b) is under any liability in relation to the property, not being a liability discharged by the disclaimer; and

(c) if the disclaimer is of an unprofitable contract, is a party to the contract or has an interest under it.

(2) If it subsequently comes to the office-holder’s knowledge that a person has an interest in the disclaimed property which would have entitled that person to receive a copy of the notice under paragraph (1) then the office-holder must deliver a copy to that person as soon as reasonably practicable.

(3) If it subsequently comes to the office-holder’s knowledge that a person has an interest in the disclaimed property which would have entitled that person to receive a copy of the notice under rule 19.4 or 19.5 then the office-holder must serve a copy on that person as soon as reasonably practicable.

(4) The office-holder is not required to deliver or serve a copy of a notice under paragraph (2) or (3) if—

(a) the office-holder is satisfied that the person has already been made aware of the disclaimer and its date, or

(b) the court, on the office-holder’s application, orders that delivery or service of a copy is not required in the particular case.