13.51 General assistance from the courts
The official receiver can apply to court for directions relating to any matter arising from insolvency proceedings. Where a person fails, without reasonable excuse, to co-operate with the official receiver or to comply with what is legally required of him/her, the official receiver may apply to the court for directions or for such order as may be necessary to enforce the co-operation or compliance. Failure to comply with an order of the court is contempt of court and could result in imprisonment (see
Part 3). An application for directions etc. can be made verbally at the hearing of a public or private examination. Alternatively an application may be made to the court (see
paragraph 13.55).
Notes: [r10.3]
13.64 Application for committal
(Amended October 2010)
Note: [r7.2]
A formal application for committal for contempt should be made in writing and supported by an affidavit which clearly sets out the extent to which an earlier order of the court has not been complied with. In addition, notice of an application to commit to prison for contempt must simultaneously be served personally on the respondent (see
Annex 4).All applications for committal for contempt should be made direct to a judge and will be heard in open court, unless the court orders otherwise (see also
Part 3 and
Chapter 19 Part 5 - Court Practice and Procedure).
Notes: [Practice Direction Insolvency Proceedings [2000] BCC 927 Paragraph 5.1(1)] [CPR RSC Order 52 – Committal] [CPR CCR Order 29 – Committal for breach of order or undertaking]