Jackson & Anor v Baker Tilly & Anor
2014
CHANCERY DIVISION
United Kingdom
CORAM
- HIS HONOUR JUDGE MARK RAESIDE QC
Areas of Law
- Insolvency Law
- Corporate Law
- Evidence Law
2014
CHANCERY DIVISION
United Kingdom
CORAM
AI Generated Summary
The case reviewed whether liquidators could obtain documents from a company's accountants under the Insolvency Act 1986 to investigate discrepancies surrounding the liquidation. The court ruled in favor of the liquidators, stating the request was reasonable, not oppressive, and that confidentiality concerns could be managed through specific measures.
J U D G M E N T
JUDGE RAESIDE:
This is an oral ex tempore judgment is in six parts:
I Introduction
II Application and Procedure
III The Facts
IV The Law
V The Decision
VI The Order
I INTRODUCTION:
The Applicants are liquidators and seek production of documents pursuant to sections 235 and 236 of the Insolvency Act 1986 from the accountants of the company for which the liquidators were appointed, Alocasia Limited. The case also concerns the potential involvement of two directors and the company secretary of that company. For the purposes of this judgment concerning Alocasia Limited, I shall refer to the liquidators as the Applicants, I shall refer to their accountants as the Respondents and the company directors and secretary as the Additional Party.
II APPLICATION AND PROCEDURE:
On 13 th September 2013, the Applicants took out an application in Form 7.1A of the Insolvency Rules 1986 seeking from the Respondents the following relief under sections 235 and 236 of the Insolvency Act 1986 :
1. The Respondents do produce all books, papers, documentation and correspondence (including electronic) either in their custody, possession, or under their control which relate to Alocasia Limited and its dealings, affairs and property.
2. The Respondents produce, file and serve affidavits providing an account of their dealings with Alocasia Limited and all information they have on Alocasia Limited’s dealings, affairs and property.
3. The Respondents attend court to be publicly examined under oath on a date and time to be fixed and that the Applicants be at liberty to examine the Respondents on the dealings, affairs and property of Alocasia Limited save that no other order shall be sought where prior to the determination of the Application each of them have to the Applicant’s satisfaction made themselves available to be privately interviewed.
4. The Respondents pay the costs of this application.
That application was served by solicitors acting for the Applicants on solicitors acting for the Respondents, and included reference to the two Applicants, who were Bryan Jackson and James Douglas Ernle Money, the joint liquidators of Alocasia Limited.
In support of that application an Applicants’ witness statement was settled and dated 13 th September by James Douglas Ernle Money, who was one of the joint liquidators of BDO Limited, on his own behalf and that of his co-liquidator, Bryan Jackson. So far as material, I shall come to the key parts of that in due