Insolvency Act 1986, section 128

Avoidance of attachments, etc

Part IV Winding Up of Companies Registered under the Companies Acts

(1)Where a company registered in England and Wales is being wound up by the court, any attachment, sequestration, distress or execution put in force against the estate or effects of the company after the commencement of the winding up is void.

(2)This section, so far as relates to any estate or effects of the company situated in England and Wales, applies in the case of a company registered in Scotland as it applies in the case of a company registered in England and Wales.

[F302 (3) In subsection (1) “attachment” includes a hold notice or a deduction notice under Part 1 of Schedule 8 to the Finance ( No. 2) Act 2015 (enforcement by deduction from accounts) and, if subsection (1) has effect in relation to a deduction notice, it also has effect in relation to the hold notice to which the deduction notice relates (whenever the hold notice was given). F302]

Definitions used in section 128 1

the company

2 Section 233B does not apply in relation to a contract for the supply of goods or services to a company (“the company”) where any of paragraphs 3 to 11 applies.

Defined in Sch.4ZZA para.2 · see it in the full Act

Cases considering section 128 5

Pillar Denton Ltd & Ors v Jervis & Ors

[2014] EWCA Civ 180 · 24 February 2014Limits

Provides that attachment, sequestration, distress or execution commenced after winding up is void, subject to the court-permission provisions discussed in the judgment. (see paras [31]-[32])

Nationwide Building Society v Wright & Anor

[2009] EWCA Civ 811 · 29 July 2009

Section 128(1) avoids execution against a company’s estate after commencement of winding-up. It was cited as part of the statutory comparison with individual bankruptcy. (See para [17].)

Seal v South Wales Police

[2005] EWCA Civ 586 · 19 May 2005Limits

The court used the contrast between subsection 128(1), which made specified proceedings void, and subsection 130(2), which required leave, as part of the statutory comparison. The comparison did not displace the clear construction of section 139(2). (see para [30])

What each judgment says about section 128 is in the case-law panel in the full Act.

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F302S. 128(3) inserted (18.11.2015) by Finance (No. 2) Act 2015 (c. 33), Sch. 8 para. 28

Modifications

  1. C345Ss. 126-128 applied (with modifications) (4.1.2024) by S.I. 2021/716, Sch. 1 para. 3 (as amended by The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023 (S.I. 2023/1399), regs. 1(2), 20)
  2. C352S. 128 excluded (25.4.1991) by Companies Act 1989 (c. 40), ss. 154, 155, 161(4); S.I. 1991/878, art. 2, Sch. .
  3. C353S. 128 applied (with modifications) (S.) (6.4.2001) by S.S.I. 2001/128, reg. 4(1), Sch. 2
  4. C354S. 128 applied (with modifications) (17.2.2009 for certain purposes, otherwise 21.2.2009) by Banking Act 2009 (c. 1), ss. 103, 263(1)(2) (with s. 247); S.I. 2009/296, arts. 2, 3, Sch. para. 2
  5. C355S. 128 applied (with modifications) (6.6.2013) by The Collective Investment in Transferable Securities (Contractual Scheme) Regulations 2013 (S.I. 2013/1388), Pt. 3 reg. 1, Sch. 2 paras. 3, 5 Table (with reg. 24)