Officeholders’ Powers of Investigation - Obtaining the Best Results for Creditors

Introduction

Officeholders (rightly) have significant powers bestowed upon them to allow the affairs of a company or bankrupt to be fully investigated for the benefit of their creditors.

Proper use of those powers under the Insolvency Act 1986 (the ‘Act’) can set solid foundations for any litigation required, making the obtaining of funding easier or even avoiding the whole need for costly litigation.

But with such powers come responsibility and officeholders need to be mindful that their investigative powers cannot be utilised to self-incriminate, nor can they be used when there is already a firm intention to litigate on a specific matter.

It is clear from recent case law that using these powers against third parties, other than the directors of the insolvent company (who are the likely ultimate targets), can reap significant rewards, but also brings into play conflicting legislation and the difficulties of dealing with privilege.

This webinar will provide you with a summary of the latest developments in the application of officeholders’ powers and a practical guide on how to use those powers strategically to obtain the best result for the creditors.

What You Will Learn

This webinar will cover the following:

• The powers available to officeholders and likely targets for information-gathering outside of directors or bankrupt
• Making applications under the Act
• An update on the latest case law and how the Courts have wrestled with conflicting legal doctrines, principally focusing on privilege
• Strategic use, timing and targeting of an officeholder’s investigative powers to avoid potential pitfalls, including obtaining documents from solicitors
• The extraterritoriality of section 236 in light of the case of Re Akkurate Ltd

This webinar was recorded on 3rd November 2020