Section 426 and proceedings outside England and Wales

April 2004

21.22 Use of section 426 by foreign trustee

Where the subsequent bankruptcy occurs in Scotland, Northern Ireland or any other country designated by order under section 426 in the Co-operation of Insolvency Courts (Designation of Relevant Countries and Territories) Order 1986 and the bankrupt is undischarged from the earlier proceedings in England and Wales, the trustee in the later bankruptcy may seek the assistance of the courts to enable recovery of undistributed funds in the earlier bankruptcy (see chapter 52 for information generally on co-operation of courts). If such a situation does arise, the official receiver should report the facts to Technical Section at Headquarters, London.


21.23 Use of section 426 by English trustee

Section 426 may also be used in a similar manner by the trustee in a bankruptcy in England and Wales to seek the application of section 334 and 335 by a court in another jurisdiction as mentioned in paragraph 21.22 in relation to bankruptcy proceedings in that jurisdiction.


[Back to Part 2 - Relationship between estates]