Extraterritorial effects of the Insolvency Act
September 28, 2018
There has been considerable uncertainty in the insolvency world as to whether sections 236 and 366 of the Insolvency Act 1986 – provisions that allow an insolvency practitioner (IP) to obtain relevant documentation from third parties – have extraterritorial effect following the contradicting decisions in Re MF Global UK Ltd[2015] EWHC 2319 (Ch) and Official Receiver v. Norris [2015] EWHC 2697 (Ch). The case law in relation to both sections 236 and 366 are similar.
Adam Silver and Abdul Azeem s/o Abdul Amad seek clarity on sections 236 and 366 of the Insolvency Act in the September edition of Recovery News.