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Official Receiver v Wadge Rapps & Hunt (a firm) [2003] UKHL 49

Insolvency - Official Receiver reported to Secretary of State under Company Directors Disqualification Act 1986, s 7(3) that disqualification proceedings should be brought against company’s directors for misconduct - Powers conferred by Insolvency Act 1986, s 236 on Official Receiver included provision of information to Secretary of State for purpose of disqualification proceedings

8 August 2003

A determination of whether the powers conferred by s 236 Insolvency Act 1986 on the office-holder of a company in liquidation or which was the subject of administration or receivership proceedings could lawfully be exercised for the purpose of obtaining evidence for use in disqualification proceedings under s 6 of the Company Directors Disqualification Act 1986 (the Disqualification Act). Pantmaenog Timber Co Ltd (the company) ceased trading and was compulsorily wound up by Bristol County Court in June 1999. The official receiver (OR) became the provisional liquidator of the company. The OR reported to the Secretary of State under s 7(3) of the Disqualification Act that disqualification proceedings ought to be brought against the company’s directors for misconduct. In order to obtain evidence for use in the disqualification proceedings, the OR applied in September 2000, to Bristol County Court under s 236 of the 1986 Act for orders for the production of documents from solicitors and ...

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