Must the debtor appear in person at the special examination date, and when may a representative attend instead?
General information · Not legal advice
Material to check
In a practice file, we read the notice setting the special examination date, the papers showing why the debtor cannot attend in person, and the document the representative files to prove their authority to act for the debtor.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the duty at its word: the individual debtor, or the representative of a debtor that is not an individual, must attend the special examination date and state their views, and a representative may attend in the debtor's place only where there is a justifiable reason.
Another reading notes that the provision names a justifiable reason as the only door to a representative's attendance but never says what counts as one, who recognises it, or what follows if the debtor simply does not appear, leaving these matters open on the face of the text.
Your judgment
Given the facts shown in the file, what would count as a justifiable reason for the debtor to send a representative instead of attending in person?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to define what counts as a justifiable reason or to set the consequence of non-attendance, or if a court decision explains how the requirement of personal appearance is applied.