Section 236 of the Insolvency Act and directors' disqualification

Walters, A. ORCID: 0000-0002-5854-4655, 2004. Section 236 of the Insolvency Act and directors' disqualification. Company Lawyer, 25 (3), pp. 90-92. ISSN 0144-1027

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The question for the House of Lords in Re Pantmaenog Timber Co Ltd, Official Receiver v Wadge Rapps and Hunt was whether the powers conferred by s.236 of the Insolvency Act 1986 (“IA”) can lawfully be exercised solely or principally to obtain evidence for use in disqualification proceedings under the Company Directors' Disqualification Act 1986 (“CDDA”). It is important to stress that the question was simply one of jurisdiction : on the application of an administrator, administrative receiver, liquidator, provisional liquidator or the official receiver does the court have the power to summon any of the categories of person described in s.236(2) to provide the applicant with information and/or documents where the information and/or documents are required solely or principally in connection with disqualification proceedings that are being contemplated or are already pending?

Item Type: Journal article
Publication Title: Company Lawyer
Creators: Walters, A.
Publisher: Sweet & Maxwell/Thomson Reuters
Place of Publication: London
Date: 2004
Volume: 25
Number: 3
ISSN: 0144-1027
Rights: Permission is for Nottingham Trent University’s Institutional Repository only. Any further use (including storage, transmission or reproduction by electronic means) shall be the subject of a separate application for permission.
Divisions: Schools > Nottingham Law School
Record created by: EPrints Services
Date Added: 09 Oct 2015 09:58
Last Modified: 09 Jun 2017 13:15

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