Vol 17 (2020) - Issue 5

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A Reach Too Far? A Review of the Extra-Territorial Scope of the Court’s Powers to Support Office-Holder’s Investigations

Synopsis
This article considers whether, following the case of Wallace (as liquidator of Carna Meats (UK) Ltd) v Wallace, the power to summon persons for private examination under section 236(2) of the Insolvency Act 19865 ('the IA') also has full extra-territorial effect. In addressing that open question, it reviews judicial comment to date and the extra-territorial reach of the IA more generally. The current position is found to be incoherent and ripe for review at the highest level, although on the present authorities the s.236(2) power appears likely to be territorially limited.