The Insolvency (England and Wales) Rules 2016

CHAPTER 10 E+W Inspection of documents, copies and provision of information

Right to copies of documents E+W

1.54.  Where the Act, in relation to proceedings under [F1 Part A1] to 11 of the Act, or these Rules give a person the right to inspect documents, that person has a right to be supplied on request with copies of those documents on payment of the standard fee for copies.

Textual Amendments

F1 Words in rule 1.54 substituted (1.10.2021) by virtue of The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rule 1, Sch. 1 paras. 2, 3 Table (with rules 4, 5)

Modifications etc. (not altering text)

C1 Rules 1.18-1.58 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 12-33, Sch. (with rule 2(2))

Charges for copies of documents provided by the office-holder E+W

1.55.  Except where prohibited by these Rules, an office-holder is entitled to require the payment of the standard fee for copies of documents requested by a creditor, member, contributory or member of a liquidation or creditors' committee.

Modifications etc. (not altering text)

C1 Rules 1.18-1.58 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 12-33, Sch. (with rule 2(2))

Offence in relation to inspection of documents E+W

1.56.—(1) It is an offence for a person who does not have a right under these Rules to inspect a relevant document falsely to claim to be a creditor, a member of a company or a contributory of a company with the intention of gaining sight of the document.

(2) A relevant document is one which is on the court file, the bankruptcy file or held by the office-holder or any other person and which a creditor, a member of a company or a contributory of a company has the right to inspect under these Rules.

(3) A person guilty of an offence under this rule is liable to imprisonment or a fine, or both.

Modifications etc. (not altering text)

C1 Rules 1.18-1.58 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 12-33, Sch. (with rule 2(2))

Right to list of creditors E+W

1.57.—(1) This rule applies to—

[F2 (za) a moratorium under Part A1 of the Act;]

(a) administration;

(b) creditors' voluntary winding up;

(c) winding up by the court; and

(d) bankruptcy.

(2) A creditor has the right to require the office-holder to provide a list of the names and addresses of the creditors and the amounts of their respective debts unless—

(a) a statement of affairs has been filed with the court or delivered to the registrar of companies; or

(b) the information is available for inspection on the bankruptcy file.

(3) The office-holder on being required to provide such a list—

(a) must deliver it to the person requiring the list as soon as reasonably practicable; and

(b) may charge the standard fee for copies for a hard copy.

(4) The office-holder may omit the name and address of a creditor if the office-holder thinks its disclosure would be prejudicial to the conduct of the proceedings or might reasonably be expected to lead to violence against any person.

(5) In such a case the list must include—

(a) the amount of that creditor's debt; and

(b) a statement that the name and address of the creditor has been omitted for that debt.

Textual Amendments

F2 Rule 1.57(za) inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 12 (with rules 4, 5)

Modifications etc. (not altering text)

C1 Rules 1.18-1.58 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 12-33, Sch. (with rule 2(2))

Confidentiality of documents: grounds for refusing inspection E+W

1.58.—(1) Where an office-holder considers that a document forming part of the records of the insolvency proceedings—

(a) should be treated as confidential; or

(b) is of such a nature that its disclosure would be prejudicial to the conduct of the proceedings or might reasonably be expected to lead to violence against any person;

the office-holder may decline to allow it to be inspected by a person who would otherwise be entitled to inspect it.

(2) The persons to whom the office-holder may refuse inspection include members of a liquidation committee or a creditors' committee.

(3) Where the office-holder refuses inspection of a document, the person wishing to inspect it may apply to the court which may reconsider the office-holder's decision.

(4) The court's decision may be subject to such conditions (if any) as it thinks just.

Modifications etc. (not altering text)

C1 Rules 1.18-1.58 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 12-33, Sch. (with rule 2(2))