When an opinion or belief is expressed, it should be identified clearly as such. Evidence contained in the report should be based on the facts obtained during the course of his/her enquiries and care should be taken to ensure the report will not mislead the court. The official receiver should exercise a high degree of care in preparing the report. ġ9.86 Preparing the official receiver’s report to court by an administrator, liquidator, trustee in bankruptcy, provisional liquidator, interim receiver, special manger or insolvency practitioner appointed by the court unless the application involves other parties or the court otherwise orders.by the official receiver or a deputy official receiver in any case and.Within insolvency proceedings a report may be filed in court:
In the majority of cases the official receiver will file a report at court rather than a witness statement. ġ9.85 Official receiver’s report to court Further information on affidavits is contained in Annex B. The completion of an affidavit has been replaced with the requirement for information, documents or witness statements to be verified by a statement of truth.ġ9.84 Affidavits in pre 6 April 210 insolvencies and disqualificationsĪn affidavit must be completed in pre 6 April 2010 insolvencies and disqualification proceedings where the claimant is not the official receiver, and is for example an insolvency practitioner. The official receiver’s witness statement or report will be filed in the High Court or the appropriate hearing centre of the County Court.ġ9.83 Affidavits in post 6 April 2010 insolvenciesįor all cases from 6 April 2010 the Insolvency (Amendment) Rules 2010 and Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2010 removed the requirement to verify information or documents by affidavit. A witness statement or report must be verified by a statement of truth (see paragraph 19.100). The official receiver may submit evidence by report (see paragraph 19.85), by witness statement (see paragraph 19.88) or by affidavit (see paragraph 19.83). In making an application, either within or outside the proceedings the official receiver must follow the procedure specified in the Insolvency Act 1986 and Insolvency Rules 1986 or the Civil Procedure Rules 1998. Part 6 – Preparing evidence for an application
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