Commentary

188 Principles upon which examination is ordered

BANKRUPTCY AND INSOLVENCY (INDIVIDUAL INSOLVENCY) vol 3(2)
| Commentary

188 Principles upon which examination is ordered

| Commentary

188 Principles upon which examination is ordered

The power to make an order for private examination is discretionary. In the ordinary case, the court will make an order provided that the trustee has demonstrated that the respondent is a person liable to be examined within the meaning of the Insolvency Act 1986 and that there is a need for him to be examined. However, the court will not make an order the effect of which would be oppressive, vexatious or unfair1.

It used to be the case that the court would not make an order to enable a trustee to examine

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial