Insolvency Act 1986, section 155

Inspection of books by creditors, etc

Part IV Winding Up of Companies Registered under the Companies Acts

(1)The court may, at any time after making a winding-up order, make such order for inspection of the company’s books and papers by creditors and contributories as the court thinks just; and any books and papers in the company’s possession may be inspected by creditors and contributories accordingly, but not further or otherwise.

(2)Nothing in this section excludes or restricts any statutory rights of a government department or person acting under the authority of a government department.

[F338 (3)For the purposes of subsection (2) above, references to a government department shall be construed as including references to any part of the Scottish Administration.F338]

Definitions used in section 155 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 155 3

MccArthy v Tann & Ors

[2016] EWHC 542 (Ch) · 22 February 2016

Applies the inspection jurisdiction by asking whether inspection is for the purpose of the winding up, whether the order is just, and what order should be made. Inspection was ordered to assist the proposed challenge to the proof of debt. (see paras [38]-[41]) Confirms that an appeal concerning a liquidator’s decision on a proof of debt is connected with the statutory functions and purpose of the winding up. The provision was therefore engaged. (see para [39])

Sunwing Vacation Inc & Ors v E-Clear (UK) Plc & Ors

[2011] EWHC 1544 (Ch) · 3 June 2011Limits

Section 155 identifies the inspection power available on a court winding up, which section 112 enabled the court to exercise in this voluntary liquidation (see paras [6]-[8]; [13]). Section 155(1) confers a discretionary power to order inspection of company books and papers, but the power is qualified by a requirement that it be exercised for the purposes of the winding up. That requirement was met because disclosure could reduce the applicants’ claims against the company (see paras [8]-[10]; [13]-[19]).

Bezant v Rausing & Ors

[2007] EWHC 1118 (QB) · 14 May 2007

Mentioned with section 112 in the earlier disclosure application, which was dismissed and substantially upheld on appeal (see para [35]).

What each judgment says about section 155 is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F338S. 155(3) inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 85; S.I. 1998/3178, art. 3

Modifications

  1. C432S. 155 excluded by Social Security Pensions Act 1975 (c. 60, SIF 113:1), s. 57D(6) (as inserted by Social Security Act 1990 (c. 27, SIF 113:1), s. 14, Sch. 4 Pt. I para. 1)
  2. C433S. 155 excluded (6.4.1997) by 1995 c. 26, s. 26(1); S.I. 1997/664, art. 2(3), Sch. Pt. II (with transitional adaptations, modifications and savings in arts. 3-14)
  3. C434S. 155 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
  4. C435S. 155 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)