Evidence and evidence gathering

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The Insolvency Act 1986 (IA 1986) and the Insolvency (England and Wales) Rules 2016, SI 2016/1024 give insolvency office-holders in certain situations the power to obtain property (which includes cash, books, records and documents) of the insolvent company or bankrupt. IA 1986 imposes a duty on certain individuals and entities to co-operate with the office-holder, and imposes sanctions in the event that they fail to do so. In addition, certain individuals or entities are required to deliver up accounts or explanations (either orally, in person or by way of a sworn statement) detailing their dealings with the affairs and property of the insolvent individual or company.

The purpose of the powers is to allow the office-holder to reconstitute the knowledge of the insolvent company or individual, which may allow previously unknown assets to be realised for the benefit of creditors.

Corporate insolvency

Where a company enters into one of the applicable insolvency processes (being, under IA 1986, s 234(1), administration, administrative receivership, liquidation or provisional liquidation), certain persons and entities owe duties to the appointed office-holder to deliver up company property, provide information

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