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This work covers how a liquidator in England and Wales may investigate a company’s affairs, including past director conduct, related party transactions, and potential misfeasance, under the Insolvency Act 1986 and related regimes. A solicitor practises in this area by advising on the scope of the liquidator’s investigative powers, drafting and negotiating information requests, reviewing books and records, and guiding how evidence is gathered and used to support claims or defenses. The work may involve engaging with the Official Receiver, creditors’ committees, and the courts to obtain necessary orders and to progress investigations.
What a solicitor handles in these matters
The solicitor handles provisions, structures, and procedures for information gathering, including statutory disclosures, production orders, and potential applications to the court to compel disclosure. They also advise on the interaction between investigations, avoidance actions, and possible claims for misfeasance or breach of fiduciary duty, with attention to timelines and procedural steps.
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