English liquidators’ power to compel documents from EU-based companies
The High Court looked at the issue of whether English insolvency officeholders could use their powers under domestic insolvency laws to force entities that are not in the UK to produce documents.
It confirmed the position that although English insolvency laws do not have extra jurisdictional power to force the production of documents from outside the UK, the EU insolvency regulations do give extra jurisdictional power to English insolvency officeholders in respect of entities in the EU.
The decision only allows English insolvency officeholders to compel the production of documents under s 236(3) of the Insolvency Act from residents in other EU member states and not other parts of the world. Once Brexit is fully completed, there may be difficulties with English insolvency officeholders seeking documents from entities in the EU.