Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Proof definition

What does Proof mean? In Scots civil litigation, a proof is the evidential hearing at which parties lead oral and documentary evidence on disputed facts before a judge or sheriff. It is a procedural term found in the Court of Session and sheriff court rules rather than a statutory definition. At proof, witnesses are examined and cross‑examined, productions (documents) are lodged, and the court makes findings in fact leading to decree. Variants include proof before answer (the court hears evidence but reserves legal issues until after findings in fact) and proof in absence (where a party fails to appear). The fixed date for such...

Proofs of Debt in Insolvency (England and Wales): Rejection, Appeals, Double Proof, and Guarantee Claims under the Insolvency Rules 2016

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes

This Practice Note covers:

rejection of a creditor’s Proof of debt by an office-holder
the rule against double Proof
guarantees

The Rules governing proof of debt are set out in the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, rr 14.2–14.25, and apply whether the claim arises in administration, winding-up, or bankruptcy. For key authorities and related content, see Practice Note: Proof of debt—key cases.

Rejection of proof

Office-holders must seek to identify all debts and liabilities of the insolvent, and deal with every proof of debt submitted by admitting it, rejecting it, or calling for additional evidence in support.

An office-holder may admit or reject a proof of debt for dividend, in whole or in part.

In adjudicating whether to admit or refuse a proof, the office-holder acts in a quasi-judicial capacity that does not differ from the court.

When considering whether to go behind a judgment debt and, if so, evaluating the validity of a creditor’s claim, neither the court nor the office-holder is confined to the evidence that was before the court when judgment was given...

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Web page updated on 21/05/2026

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