The Official Receiver could not use the powers given to him for the purposes of his insolvency duties to require production of documents form solicitors and accountants, to satisfy duties placed on him by the Secretary of State for the purpose of company director disqualification proceedings. The secretary of state could not ask the Official Receiver to carry out steps for that purpose by exercising powers given to the receiver for other purposes.
Judges:
Chadwick LJ, Kennedy LJ
Citations:
Times 08-Aug-2001, Gazette 13-Sep-2001, [2002] Ch 239
Statutes:
Company Directors Disqualification Act 1986 7(4) 7(1)(b), Insolvency Act 1986 235 236
Jurisdiction:
England and Wales
Citing:
Appeal from – In Re Pantmaenog Timber Company Ltd ChD 15-Dec-2000
The duties of the Official Receiver in company director disqualification proceedings were related to the gathering of information regarding the trading of a company. The powers given to the receiver did not include the power to commence proceedings, . .
Cited by:
Appeal from – Official Receiver v Wadge Rapps and Hunt (a firm) and another and two other actions HL 31-Jul-2003
(Orse In re Pantmaenog Timber Co Ltd)
The Receiver sought to use information obtained under section 236 (documents recovered from the directors’ solicitors) in disqualification proceedings.
Held: The appeal succeeded. The Act had . .
Lists of cited by and citing cases may be incomplete.
Company, Insolvency
Updated: 12 April 2022; Ref: scu.136168
