Insolvency Act 1986, section 134

Enforcement of s. 133

Part IV Winding Up of Companies Registered under the Companies Acts

(1)If a person without reasonable excuse fails at any time to attend his public examination under section 133, he is guilty of a contempt of court and liable to be punished accordingly.

(2)In a case where a person without reasonable excuse fails at any time to attend his examination under section 133 or there are reasonable grounds for believing that a person has absconded, or is about to abscond, with a view to avoiding or delaying his examination under that section, the court may cause a warrant to be issued to a constable or prescribed officer of the court—

(a)for the arrest of that person; and

(b)for the seizure of any books, papers, records, money or goods in that person’s possession.

(3)In such a case the court may authorise the person arrested under the warrant to be kept in custody, and anything seized under such a warrant to be held, in accordance with the rules, until such time as the court may order.

Cases considering section 134 5

Masri (Respondent) v Consolidated Contractors International Company SAL and others and another (Appellant) and another

[2009] UKHL 43 · 30 July 2009

The contempt sanction for disobedience formed part of the compulsory public-examination regime considered when distinguishing insolvency examination from rule 71. (see para [21])

Akkurate Ltd, Re

[2020] EWHC 1433 (Ch) · 4 June 2020

Cited in the statutory comparison with public examination provisions. The judgment does not independently construe or apply section 134. (see paras [16], [23])

Simmonds v Pearce

[2017] EWHC 3126 (Admin) · 1 December 2017

The court referred to section 134(1) as a similar statutory provision treating culpable non-attendance at a public examination as contempt. It was used by analogy and not applied to the respondent’s liability. (see para [10])

What each judgment says about section 134 is in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Modifications

  1. C378Ss. 133-135 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. C380S. 134 applied (with modifications) (S.) (6.4.2001) by S.S.I. 2001/128, reg. 4(1), Sch. 2
  3. C381S. 134 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)