Ch 13: Co-operation, non co-operation and enforcement of duty to co-operate (April 2004)

Ch 13: Co-operation, non co-operation and enforcement of duty to co-operate

April 2004

(Amended October 2010)  

13.1 Introduction

Individuals and other parties involved in insolvency proceedings have a duty to co-operate with the official receiver in discharging his/her statutory duties.

Further information relating to the official receiver's functions and his/her investigations may be found in Chapter 1 - The official receiver and Chapter 15 - Aims and conduct of the official receiver's investigations.

This chapter provides details of the remedies available to the official receiver when dealing with lack of co-operation from company officers, partners, bankrupts and third parties.

The Insolvency (Amendment) Rules 2010 came into force on 6 April 2010 and have had some effect on co-operation, non co-operation and enforcement of the duty to co-operate in cases where the petition was presented on or after 6 April 2010. The relevant paragraphs have been updated to reflect the changes and information is provided to show when they apply.

 

This chapter is divided into twelve parts as follows:

Part 1 - Co-operation and non co-operation generally (paragraphs 13.2 - 13.6)

Part 2 - Persons required to co-operate (paragraphs 13.7 - 13.27)

Part 3 - Contempt of court (paragraphs 13.28 - 13.32)

Part 4 - Public examination (paragraphs 13.33 - 13.40)

Part 5 - Private examination (paragraphs 13.41 - 13.50)

Part 6 - Court orders (paragraphs 13.51 - 13.66)

Part 7 - Power of arrest and enforcement of warrants (paragraphs 13.67 – 13.81)

Part 8 - Leaving the jurisdiction (paragraphs 13.82 - 13.83)

Part 9 - Other enforcement measures (bankruptcy only) (paragraphs 13.84 - 13.101)

Part 10 - Order for production of documents by HM Revenue and Customs (paragraphs 13.102 - 13.115)

Part 11 - Prosecution and disqualification (paragraphs 13.116- 13.120)

Part 12EA - Bankruptcy restriction orders (paragraphs 13.121 - 13.128)

 

This chapter contains the following annexes:

Annex 1 – Application under rule 7.20

Annex 2 – Order on rule 7.20

Annex 3 – CPR deemed service

Annex 4 – Application to commit for contempt

 

The following abbreviations are used in this chapter: 

BRO

Bankruptcy restrictions order

CA85

Companies Act 1985

CDDA86

Company Directors Disqualification Act 1986

CPR98

Civil Procedure Rules 1998

EA2002

Enterprise Act 2002

EA after paragraph no.

The guidance in the paragraph includes the relevant provisions of the EA 2002.

HRA98

Human Rights Act 1998

IAR

Insolvency (Amendment) Rules 2010

IPO94

Insolvent Partnership Order 1994

IPO

Income payment order

IPA

Income payment agreement

LRO

Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2010

 

 

[Onto Part 1 - Co-operation and non co-operation generally]