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United Kingdom
United Kingdom
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Private examination definition What does Private examination mean? A court‑ordered, usually in‑private, questioning of a person about a bankrupt’s or insolvent company’s affairs, with compelled production of documents. In practice this is called a “private examination” and is grounded in statute (for example, in England and Wales under the Insolvency Act 1986, with cognate provisions in Northern Ireland, Scotland and Ireland) rather than mere custom. On application by the Official Receiver, trustee in bankruptcy, liquidator or administrator, the court may summon a wide range of people believed to hold relevant information or records: the bankrupt/debtor, spouses or partners, directors and officers, employees, accountants, solicitors (subject to legal professional privilege),...
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Section 236 IA 1986 (England and Wales): office-holders’ powers to obtain information, private examinations, procedure, privilege, enforcement, costs and extra-territorial reach
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Practice notes
Obtaining information about the company’s affairs
On appointment, a liquidator, provisional liquidator, Administrative Receiver or administrator (the office-holder) will typically possess no first-hand knowledge of the company’s affairs. To grasp the circumstances behind the company’s Insolvency, identify and recover assets, rebuild business and accounting records where required, examine possible claims and bring the estate’s matters into order, the office-holder must secure information regarding:
- the promotion, formation, business, dealings and affairs of the company
- the company’s property, along with details enabling the office-holder to claim or safeguard that property
Such information may exist in documents or reside in the knowledge of some or all of the company’s directors, employees and/or others. Although the office-holder will commonly try to obtain it informally, the law recognises that persons holding relevant records and information may fail to co-operate with the office-holder. Accordingly, the Insolvency Act 1986 (IA 1986) places duties on directors and other parties to co-operate with the office-holder and supplies mechanisms allowing the office-holder to seek the court’s assistance in obtaining records and information. These statutory tools ensure essential records and knowledge can be obtained even where co-operation is lacking or not forthcoming voluntarily. The obligation to co-operate with the office-holder IA...
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Web page updated on 29/05/2026
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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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