Absconding or leaving the jurisdiction
April 2004
(amended April 2011)
Generally, where a company officer, partner or bankrupt wishes to leave the jurisdiction, there is no legal requirement for him to seek leave of the court to do so.
Notes: [s134(2) or 236(4)(5) or 364(2) or 366(3)]
Where it is known, or there are reasonable grounds to believe, that such a person intends to abscond with a view to avoiding a public or private examination, and/or, in the case of a bankrupt, preventing or delaying the realisation of assets or the general administration of the case, the official receiver can apply to the court for an order that the person concerned should surrender his passport or for a warrant of arrest and seizure of any books, papers, or records in the possession of that person.
Notes: [Form PEWA – for pre 6 April 2010 petition cases]
Senior Courts Act 1981 s37(1)
Where a hearing has been fixed in the High Court and is pending, e.g. a public or private examination, the High Court has the power under the Supreme Court Act 1981 section 37(1) to restrain the examinee from leaving the its jurisdiction. In such circumstances, or where an examinee having been abroad has returned to the jurisdiction, the official receiver should consider making an application without notice to the court for such a restraining order (Re a Company no.003318 of 1987 (1987) 3 BCC 564).
Note: [s333(1)]
Additionally, the court may issue an injunction to prevent a bankrupt from leaving the jurisdiction. (Morris v Murjani [1996] 2 All ER 384).
In very rare circumstances the official receiver as liquidator of a company may have to make a call for an amount due from a contributory whom it is believed may be seeking to avoid payment by absconding or concealing property. In those circumstances application can be made for the arrest of the contributory.
Notes: [s158]
This can also apply where a winding-up order is made against a partnership, but no bankruptcy orders have been made against the partners. In these circumstances a contribution to the partnership’s deficiency may be sought from the partners, who are deemed to be contributories. Unless the contrary intention appears, a member of a partnership against whom a bankruptcy order has been made by virtue of IPO94 article 8 shall not be treated as a contributory.
Notes: [IPO94 sch 4] [IPO94 art 8] [IPO94 art 7] [s226]
[Back to Part 7 - Power of arrest and enforcement of warrants] [Onto Part 9 - Other enforcement measures (bankruptcy only)]