Section 311 of the Insolvency Act 1986

Section 311 of the Insolvency Act 1986 enables the Trustee in Bankruptcy to acquire control of the bankrupt’s property such as his books and records, including documents that are privileged.

The Section has mandatory characteristics because it would be unusual for the Insolvency Practitioner to be unable to take into his or her possession all and any relevant property of the Bankrupt.

Trustee in Bankruptcy forensic discovery

Acquisition by trustee of control

311(1) The trustee shall take possession of all books, papers and records which relate to the bankrupt’s estate or affairs and which belong to him or are in his possession or under his control (including any which would be privileged from disclosure in any proceedings).

Section 311(1) of the Insolvency Act 1986