Drafting Applications for Disclosure under s.236 of IA 1986

  • Insolvency

A recent judgment in the High Court has highlighted the need for office-holders to take care not to make sweeping requests for information when making applications for disclosure from third parties under section 236 of Insolvency Act 1986 in respect of corporate insolvency. The decision emphasises the need to be specific in terms of the classes of documents sought.

The decision held that the court is able to order the supply of information on the condition that the information sought is through a witness summons to appear, a request for further information or evidenced in submissions in a witness statement/affidavit. Accordingly, office-holders must take care when drafting such applications in terms of the relief sought and avoid inflicting an unreasonable burden on respondents.

Re Comet Group Ltd (in liquidation); Khan and others v Whirlpool (UK) Ltd and another [2014] EWHC 3477 (Ch)