The Cross-Border Insolvency Regulations (Northern Ireland) 2007

PART 4 N.I.

APPLICATION FOR RELIEF UNDER THE MODEL LAW N.I.

Application for interim relief—affidavit in support N.I.

7.—(1) An interim relief application must be supported by an affidavit sworn by the foreign representative stating—

(a) the grounds on which it is proposed that the interim relief applied for should be granted;

(b) details of any proceeding under Northern Ireland insolvency law taking place in relation to the debtor;

(c) whether, to the foreign representative’s knowledge, an administrative receiver or receiver or manager of the debtor’s property is acting in relation to the debtor;

(d) an estimate of the value of the assets of the debtor in Northern Ireland in respect of which relief is applied for;

(e) whether, to the best of the knowledge and belief of the foreign representative, the interests of the debtor’s creditors (including any secured creditors or parties to hire-purchase agreements) and any other interested parties, including if appropriate the debtor, will be adequately protected;

(f) whether, to the best of the foreign representative’s knowledge and belief, the grant of any of the relief applied for would interfere with the administration of a foreign main proceeding; and

(g) all other matters that in the opinion of the foreign representative will assist the court in deciding whether or not it is appropriate to grant the relief applied for.

Commencement Information

I1 Sch. 2 para. 7 in operation at 12.4.2007, see reg. 1

Service of interim relief application not required N.I.

8.  Unless the court otherwise directs, it shall not be necessary to serve the interim relief application on, or give notice of it to, any person.

Commencement Information

I2 Sch. 2 para. 8 in operation at 12.4.2007, see reg. 1

The hearing and powers of court N.I.

9.  On hearing an interim relief application the court may in addition to its powers under the Model Law to make an order granting interim relief under article 19 of the Model Law—

(a) dismiss the application;

(b) adjourn the hearing conditionally or unconditionally;

(c) make any other order which the court thinks appropriate.

Commencement Information

I3 Sch. 2 para. 9 in operation at 12.4.2007, see reg. 1

Application for relief under article 21 of the Model Law—affidavit in support N.I.

10.  An article 21 relief application must be supported by an affidavit sworn by the foreign representative stating—

(a) the grounds on which it is proposed that the relief applied for should be granted;

(b) an estimate of the value of the assets of the debtor in Northern Ireland in respect of which relief is applied for;

(c) in the case of an application by a foreign representative who is or believes that he is a representative of a foreign non-main proceeding, the reasons why the applicant believes that the relief relates to assets that, under the law of Northern Ireland, should be administered in the foreign non-main proceeding or concerns information required in that proceeding;

(d) whether, to the best of the knowledge and belief of the foreign representative, the interests of the debtor’s creditors (including any secured creditors or parties to hire-purchase agreements) and any other interested parties, including if appropriate the debtor, will be adequately protected; and

(e) all other matters that in the opinion of the foreign representative will assist the court in deciding whether or not it is appropriate to grant the relief applied for.

Commencement Information

I4 Sch. 2 para. 10 in operation at 12.4.2007, see reg. 1

The hearing and powers of court N.I.

11.  On hearing an article 21 relief application the court may in addition to its powers under the Model Law to make an order granting relief under article 21 of the Model Law—

(a) dismiss the application;

(b) adjourn the hearing conditionally or unconditionally;

(c) make any other order which the court thinks appropriate.

Commencement Information

I5 Sch. 2 para. 11 in operation at 12.4.2007, see reg. 1