Green v BDO Stoy Hayward LLP: ChD 2 Nov 2005

The liquidator sought production of the company’s books and documents held by the defendant as former auditors of the company.
Held: The power to order discovery could be more freely exercised against an officer of a company than against a third party. Nevertheless a company’s auditors were, for this purpose treated on a par with the officers.

Judges:

Kitchin J

Citations:

Times 07-Nov-2005

Statutes:

Insolvency Act 1986 236

Jurisdiction:

England and Wales

Citing:

CitedIn re British and Commonwealth Holdings plc (Nos 1 and 2) HL 1993
Section 236 extended the power of a liquidator to require from the company’s officers all the documents he would reasonably need in order to fulfil his duties under the Act.
Lord Slynn said: ‘The protection for the person called upon to produce . .
Lists of cited by and citing cases may be incomplete.

Company, Insolvency

Updated: 17 May 2022; Ref: scu.235767