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If you are a creditor of an insolvent company or a bankruptcy, Oliver Elliot can help you address your concerns arising from the insolvency and how to obtain emails might be useful for such investigations.

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Liquidator Email Discovery:

Green v Chubb [2015] EWHC 221 (Ch) was an application by our CEO, Elliot Green in his capacity as Liquidator of Corporate Jet Realisations Limited, seeking disclosure and production of the files and in particular emails of the former Joint Administrative Receivers of the company that went into insolvent liquidation. At the heart of the application was the relief sought pursuant to Section 234 of the Insolvency Act 1986 on the grounds that many of the documents sought were owned by the company in liquidation.

To read this judgment which concerned a liquidator’s access to information held by a company’s former administrative receivers please click here.

How Did The Liquidator Obtain The Emails?

The important points from the judgment on one of its core focuses was the matter of how to obtain the emails for the purposes of the company in Liquidation.

A key feature of the case brought by the Liquidator was that they were property within the meaning in Section 436 of the Insolvency Act 1986 of the company in Liquidation.

The Court had this to say about the matter:

As regards section 234 there is little or no argument that the court may order a person to deliver up books and records that belong to the company in question. Useful guidance on ownership of documents created during the receivership is to be found in Gomba Holdings UK Ltd v Minories Finance Limited [1998] 1 WLR 1231 at 1234A-B:

“….the ownership of the documents in the tripartite situation of a receivership depends on whether the documents were brought into being in the discharge of the receivers’ duties to the mortgagor or the debenture holder or neither. The fact that a document relates to the mortgagor’s affairs cannot be determinative. All sorts of documents may relate to the mortgagor’s affairs but to which the mortgagor cannot possibly have any proprietary claim.”

  1. At the present time it is not possible to decide which documents belong to the Company, the Joint Receivers or the Bank as they are not before the court. I shall order that documents belonging to the Company be delivered up and if an issue arises in the future as to whether a particular document is Company property the parties may have permission to apply. In addition I accept the submission made by Mr. Burton that it is not possible for the liquidator to know when or if the Joint Receivers have produced all the Company property as requested. Mr. Burton suggested in his submissions, that the Joint Receivers produce a list of all such documents. The parties should seek to agree a workable solution to achieve the production of documents and records that fall within section 234 and if not I shall make appropriate orders.

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Disclaimer

This page: How To Obtain Emails is not legal advice and should not be relied upon as such. This article How To Obtain Emails is provided for information purposes only. You can Contact Us on the specific facts of your case to obtain relevant advice via a Free Initial Consultation.