Liquidator obtains order for delivery up of Company’s books and records from third party resident in EU member state

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A Liquidator applied, pursuant to Section 236 Insolvency Act 1986, for an order requiring the former bookkeeper (resident in the Republic of Ireland) to deliver up the Company’s books and records in his possession or control.

The bookkeeper had argued that he was owed money by the Company which remained outstanding, and had refused to deliver up the books and records.

The question for the Court was whether the Court had jurisdiction under Section 236(3) to make an order against the respondent in the Republic of Ireland.

The court had to consider whether the respondent was sufficiently connected with the jurisdiction for it to be just and proper to make an order despite the foreign element. The judge held that there was a sufficient connection, and therefore the order sought was justified. 

The court had international jurisdiction over the winding up of the company under Regulation 1346/2000 Art.3. The Regulation gave the applicant authority to exercise the powers conferred on him by domestic law in other Member States.

Furthermore, as bookkeeper, the respondent had been an important part of the company's operations. He could not complain that an order requiring him to make the books and records available involved any excess of jurisdiction by the English court.

The respondent was ordered to deliver up the books and records of the company in his possession or control within 42 days.

Philip Stephen Wallace (As Liquidator Of Carna Meats (UK) Ltd) V George Wallace (2019) [2019] EWHC 2503 (CH)

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