PART 5

Claims in Postal Administration

Evidence in relation to claims
41
1
The postal administrator, for the purpose of being satisfied as to the validity or amount of a claim submitted by a creditor may require—
a
the creditor to produce further evidence; or
b
any other person who the postal administrator believes can produce relevant evidence, to produce such evidence,
and, if the creditor or other person refuses or delays to do so, the postal administrator may apply to the court for an order requiring the creditor or other person to attend for private examination before the court.
2
On an application being made in accordance with paragraph (1), the court may make an order requiring the creditor or other person to attend for private examination before it on a date (being not earlier than 8 days nor later than 16 days after the date of the order) and at a time specified in the order.
3
A person who fails without reasonable excuse to comply with an order made under paragraph (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
4
The examination shall be taken on oath.
5
At any private examination, a solicitor or counsel may act on behalf of the postal administrator or the postal administrator may appear personally.
Rule 41 in force at 1.10.2016, see rule 1