The Compensation Orders (Disqualified Directors) Proceedings (England and Wales) Rules 2016

The claimant’s case E+W

4.—(1) The claimant must, at the time when the claim form is issued, file in court evidence in support of the application.

(2) The claimant must serve on the relevant party with the claim form copies of the evidence under paragraph (1).

(3) The evidence must be by one or more affidavits or witness statements, which must include—

(a) in the case of an application under section 15A(1), a statement—

(i) of the disqualification order or undertaking in respect of which the application is being brought, or of the proceedings for a disqualification order either commenced or being commenced alongside the application;

(ii) of the loss it is alleged has been caused by the conduct in respect of which—

(aa) the defendant is subject to the disqualification order or undertaking, or

(bb) proceedings for a disqualification order have been or are being commenced;

(iii) identifying the creditor or creditors to whom it is alleged loss has been caused;

(iv) identifying particulars of the order the claimant is seeking under section 15B(1)(1); and

(v) of any other matters considered to be of relevance to the application; and

(b) in the case of an application under section 15C(1), the compensation undertaking (or a copy).

(4) In the case of an application under section 15A(1), where the insolvent company as referred to in section 15A(3)(b) is in administration or liquidation, or there is an administrative receiver of that company, the claimant must also give notice of the claim to the administrator, liquidator or administrative receiver within 14 days of the claim form being issued.

(5) The notice under paragraph (4) must identify particulars of the order the claimant is seeking under section 15B(1).

Commencement Information

I1 Rule 4 in force at 1.10.2016, see rule 1(2)

(1)

Section 15B was inserted by the Small Business, Enterprise and Employment Act 2015, section 110.