Part 12 – Court records
June 2014
19.199 Introduction - Insolvency (Amendment) Rules 2010
Chapter 5 of Part 7 of the Insolvency Rules 1986 provide instructions as to the records to be kept by the court in relation to insolvency proceedings and the respective rights of inspection of those records. As a consequence of the Insolvency (Amendment) Rules 2010 these rules only apply to those cases where the petition was presented on or after 6 April 2010 (or in a company case where there was a voluntary winding up resolution or certain administration proceedings prior to that date). For cases where the petition was presented before 6 April 2010 the official receiver should follow the guidance in Annex E.
The court must open and maintain a file in any case where documents are filed with it under the Insolvency Act 1986 or the Insolvency Rules 1986 [Note 1]. Any documents which are filed with the court under the Act or the Rules must be placed on the file [Note 2]. Further information is contained in Part 7 of Chapter 47.
19.201 Restrictions on the right to inspect the court file
There are restrictions placed on who can inspect the court file to ensure only those with a legitimate interest in a particular insolvency proceeding are able to discover what is happening (see paragraphs 19.202 to 19.212). An ‘insolvency consultant’ does not have a legitimate interest to gain information by searching the records to establish the names and addresses of potential clients within the meaning of the rules [Note 3].
19.202 Persons holding the right to inspect the court file
The following persons may inspect or obtain from the court a copy of any document or documents contained in, the court file:
19.203 Persons holding the right to inspect the court file - companies
The right to inspect the court file and obtain copy documents is exercisable in company cases by:
19.204 Persons holding the right to inspect the court file – voluntary arrangement
The right to inspect the court file and obtain copy documents is exercisable in an individual voluntary arrangement by the debtor [Note 6].
19.205 Persons holding the right to inspect the court file – bankruptcy
The right to inspect the court file and obtain copy documents is exercisable in bankruptcy by:
19.206 Persons holding the right to inspect the court file – debt relief order
The right to inspect the court file and obtain copy documents is exercisable in a debt relief order by the debtor [Note 8].
Where any person wishes to exercise the right to inspect the file, if the permission of the court is not required, they may do so at any reasonable time [Note 9].
19.207 Right to inspect court file by an authorised representative or other third party
Any person who has the right of inspection may authorise another person to inspect the court file on his behalf [Note 10]. Any other third party who is not otherwise entitled, may, with the permission of the court, inspect the file [Note 11]. Where permission is required an application notice must be filed at court [Note 12], which may be made without notice to any other party. Although the court may direct that notice be given to any person who would be affected by its decision [Note 13]. The restrictions are to ensure that only documents used in open court are readily available [Note 14].
19.208 The court’s powers to restrict the right of inspection
The court has the power to restrict the right of inspection of the court file, documents, or parts of documents, by ordering what must not be made available without the permission of the court [Note 15]. In addition the official receiver, the office-holder in the proceedings or any party appearing to the court to have an interest, may apply to restrict the right to inspect documents [Note 16].
19.209 Application to restrict the access to documents
The official receiver or other person mentioned in paragraph 19.208 may make an application to restrict inspection of the court file or other documents. One of the grounds on which the application may be made is that of confidentiality, where the office-holder considers, in the case of a document forming part of the records of the insolvency, that:
19.210 How the court protects restricted files and documents
The court places printed notices on the front of files or on sealed envelopes containing restricted documents endorsed as restricted, stating the files or documents are not open to inspection. Documents may be placed in separate files where they are particularly bulky and it is more convenient for the court. The file cover would be endorsed to restrict inspection.
19.211 The right to obtain a copy of a document
Any person who has the right to inspect the court file in insolvency proceedings can require the court to provide him/her with a copy or an office copy of any document from the file [Note 18]. Where any person wishes to exercise the right to obtain a copy of a document he/she must pay the fee, if any, prescribed by the court [Note 19]. Where the permission of the court is required, the applicant must file with the court an application notice (see paragraph 19.208). Where the permission of the court is not required the applicant must file a written request for the document [Note 20]. The office copy of the document provided by the court will bear the court’s seal and be in the form it deems appropriate [Note 21].
19.212 Obtaining the court file by the official receiver or Secretary of State
Both the official receiver or Secretary of State have the right to inspect the court file (see paragraph 19.202) and may request the transmission of the court file to them unless it is being used for the court’s own purposes [Note 22]. If the transmission of the court file is requested by the official receiver, the file should be inspected and returned promptly. If copies are required of documents contained on the file, these should be made without removing the documents from the file. The file should be examined promptly and returned to the court as soon as possible after inspection.
[Back to Part 11 – Acting as a witness] [On to Part 13 – Persons who lack capacity to manage their affairs]