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Every application should also be headed: AND IN THE MATTER OF THE INSOLVENCY ACT 1986 4.4 Every court document in proceedings to which the Act applies by virtue of other legislation should also be headed: IN THE MATTER OF [THE FINANCIAL SERVICES AND MARKETS ACT 2000 or as the case may be] AND IN THE MATTER OF THE INSOLVENCY ACT 1986 Back to top 5.1 Subject to the provisions of rule 7.9 or any other provisions or directions as to the form in which evidence should be given, written evidence in insolvency proceedings must be given by witness statement.

Back to top 6.1 Except where the Insolvency Rules otherwise provide (and, in this regard, the attention of practitioners is particularly drawn to rule 12A.16(2)), CPR Part 6 applies to the service of court documents both within and out of the jurisdiction as modified by this Practice Direction or as the court may otherwise direct.

A petitioner who presents his own petition while another petition is pending does so at risk as to costs.

11.2 Save where by reason of the nature of the company or its place of incorporation the information cannot be stated (in which case as much similar information as is available should be given), every creditor’s winding-up petition must (in the case of a company) contain the following: (1) the full name and address of the petitioner; (2) the name and any registered number/s of the company in respect of which a winding up order is sought; (3) the date of incorporation of the company and the legislation under which it was incorporated; (4) the address of the company’s registered office and, in the case of any overseas company, the address of any establishment registered under the Companies Act or Acts; (5) (a) In the case of companies incorporated under any of the Companies Acts prior to the Companies Act 2006, a statement of the nominal capital of the company, the manner in which its shares are divided up and the amount of the capital paid up or credited as paid up; or (b) In the case of any other companies, a statement of the known issued share capital of the company, the manner in which its shares are divided up and the amount of the capital paid up or credited as paid up.

11.3 The statement of truth verifying the petition in accordance with rule 4.12 should be made no more than ten business days before the date of issue of the petition.

11.4 Where the company to be wound up has been struck off the register, the petition should state that fact and include as part of the relief sought an order that it be restored to the register.

3.3 The following applications relating to insolvent individuals should always be listed before a Judge: (1) applications for committal for contempt; (2) applications for an injunction pursuant to the Court’s inherent jurisdiction (e.g.

Back to top 11.1 Before presenting a winding-up petition the creditor must conduct a search to ensure that no petition is already pending.

Save in exceptional circumstances a second winding up petition should not be presented whilst a prior petition is pending.

Save where the petition has been presented by a Minister of the Crown or a government department, evidence of service on the Treasury Solicitor or the Solicitor for the affairs of the Duchy of Lancaster or the Solicitor to the Duchy of Cornwall (as appropriate) should be filed exhibiting the bona vacantia waiver letter.

Back to top 11.5 Gazetting of the petition 11.5.1 Rule 4.11 must be complied with (unless waived by the court): it is designed to ensure that the class remedy of winding up by the court is made available to all creditors, and is not used as a means of putting improper pressure on the company to pay the petitioner's debt or costs.