Q&As

A company was liquidated and dissolved in the last few years. Former creditors of the company have put evidence to the liquidator and, as a consequence, the liquidator has now made an application to restore the company in order to investigate the matter further. The former directors would like to get a copy of the liquidator's statement in support of the restoration, but the liquidator felt uncomfortable in providing this. What is the best method of securing disclosure of this?

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Published on LexisPSL on 02/08/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • A company was liquidated and dissolved in the last few years. Former creditors of the company have put evidence to the liquidator and, as a consequence, the liquidator has now made an application to restore the company in order to investigate the matter further. The former directors would like to get a copy of the liquidator's statement in support of the restoration, but the liquidator felt uncomfortable in providing this. What is the best method of securing disclosure of this?

The issue to consider will be generally whether a third party can obtain a copy of a witness statement from the court in respect of live proceedings, and whether there are any restrictions on the applicant in the proceedings regarding disclosing a witness statement to non-parties.

The status and use of a witness statement will depend on whether it is a draft witness statement or a final one which has been signed off by the witness.

Draft witness statements and affidavits are privileged unless and until privilege is waived. For information on privilege, see Practice Notes: Privilege—general principles and Privilege—joint and common interest privilege.

A witness statement that stands as evidence in chief is open to public inspection, unless the court orders otherwise (CPR 32.13). The court will only

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