Evidence gathering—the preservation of information by an insolvency office-holder
Produced in partnership with Robert Hantusch of Three Stone
Evidence gathering—the preservation of information by an insolvency office-holder

The following Restructuring & Insolvency practice note produced in partnership with Robert Hantusch of Three Stone provides comprehensive and up to date legal information covering:

  • Evidence gathering—the preservation of information by an insolvency office-holder
  • The duty of insolvency office-holders to preserve information, and its relationship with the Civil Procedure Rules
  • Papers and records of the insolvent company or bankrupt which come into the possession of—and are held by—the office-holder
  • Financial papers and records of the insolvency process
  • Court and other records of the insolvency process
  • Documents obtained during the course of disclosure in litigation concerning the insolvent estate or its administration
  • General note as to the application of the CPR

The duty of insolvency office-holders to preserve information, and its relationship with the Civil Procedure Rules

The rights and duties of insolvency office-holders in relation to documents and the information which they contain arise as a result of—and are subject to—the provisions of the Insolvency Act 1986 (IA 1986), the IR 2016, SI 2016/1024, and the Insolvency Regulations 1994 (IR 1994), SI 1994/2507, as well as the provisions of the Civil Procedure Rules 1998 (CPR).

An insolvency office-holder may come to hold or generate different categories of documents during the course of the administration of the insolvent estate. It is important to distinguish the following categories of documents and information, as different issues can and do arise in relation to each such category:

  1. papers and records of the insolvent company or bankrupt which come into the possession of—and are held by—the office-holder

  2. financial papers and records of the insolvency process itself, ie records of the administration or winding-up of a company or the bankruptcy of an individual, held by the office-holder and created by themselves or a predecessor

  3. court and other records of the insolvency process

  4. documents obtained during the course of disclosure in litigation concerning the insolvent estate or during the course of its administration

Each of the above categories is considered in turn below.

Papers and records of the insolvent company or bankrupt which come into

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