40. Proof of delivery of documents

Past version: effective from 14/06/2015 - 13/06/2015
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(1) A certificate complying with this paragraph is proof that a document has been duly delivered to the recipient in accordance with this Part 8 unless the contrary is shown.
(2) A certificate must state the method of delivery and the date of the sending, posting or delivery (as the case may be).
(3) In the case of a receiver or administrative receiver the certificate must be given by —
(a) the receiver or administrative receiver; or
(b) a member of the receiver or administrative receiver's staff.
(4) In the case of an Office-holder (other than receivers and administrative receivers), the certificate must be given by —
(a) the Office-holder;
(b) the Office-holder's solicitor or legal representative; or
(c) a partner or an employee of either of them.
(5) In the case of a person other than an Office-holder the certificate must be given by that person and state —
(a) that the document was delivered by that person; or
(b) that another person (named in the certificate) was instructed to deliver it.
(6) A certificate under this paragraph 40 may be endorsed on a copy of the document to which it relates.
(7) Once a proof has, or details of a claim have, been delivered to an Office-holder in accordance with these Regulations, it need not be delivered again; and accordingly, where a provision of these Regulations requires delivery of a proof or details of a claim by a certain time, that requirement is satisfied if the proof has or the details have already been delivered.