Insolvency Act 1986, section 303

General control of trustee by the court

Part IX Bankruptcy

(1)If a bankrupt or any of his creditors or any other person is dissatisfied by any act, omission or decision of a trustee of the bankrupt’s estate, he may apply to the court; and on such an application the court may confirm, reverse or modify any act or decision of the trustee, may give him directions or may make such other order as it thinks fit.

(2)The trustee of a bankrupt’s estate may apply to the court for directions in relation to any particular matter arising under the bankruptcy.

[F787 (2A)Where at any time after a bankruptcy petition has been presented to the court against any person, whether under the provisions of the Insolvent Partnerships Order 1994 or not, the attention of the court is drawn to the fact that the person in question is a member of an insolvent partnership, the court may make an order as to the future conduct of the insolvency proceedings and any such order may apply any provisions of that Order with any necessary modifications.

(2B)Where a bankruptcy petition has been presented against more than one individual in the circumstances mentioned in subsection (2A) above, the court may give such directions for consolidating the proceedings, or any of them, as it thinks just.

(2C)Any order or directions under subsection (2A) or (2B) may be made or given on the application of the official receiver, any responsible insolvency practitioner, the trustee of the partnership or any other interested person and may include provisions as to the administration of the joint estate of the partnership, and in particular how it and the separate estate of any member are to be administered.F787]

Cases considering section 303 57

Brake and another v The Chedington Court Estate Ltd

[2023] UKSC 29 · 10 August 2023Limits

The broad reference to a dissatisfied person is limited by the applicant’s interest in the statutory insolvency process. Standing belongs to creditors acting as creditors, bankrupts with an actual or likely surplus, and persons directly affected by insolvency-specific powers. Extraneous rights do not suffice (see paras [74]-[87]; [99]-[100]).

Mulkerrins (formerly Woodward) (FC) (Appellant) v. Pricewaterhouse Coopers (a firm) (formerly trading as Copers & Lybrand (a firm) (Respondents)

[2003] UKHL 41 · 31 July 2003

The provision authorised a bankrupt dissatisfied by an act, omission or decision of the trustee to apply to the court, which could confirm, reverse or modify the act or decision, give directions, or make another appropriate order. The resulting hearing was an exercise of supervisory bankruptcy jurisdiction. (See Lord Walker, unnumbered paragraphs beginning “In order to resolve” and “PwC's grievance”.) The provision permits a trustee to seek directions concerning a particular matter arising under the bankruptcy. It was reproduced when explaining the statutory context of the bankruptcy-court application. (See Lord Walker, unnumbered paragraph beginning “In order to resolve”.)

Manhattan Coffee Investment Holding (in liquidation) v Stephen Mbugua Mwagiru (Mauritius)

[2026] UKPC 21 · 14 May 2026Interprets

The provision’s express inclusion of a bankrupt among possible applicants did not itself confer standing. Standing depended on a legitimate interest under the principles applied in Brake. (see paras [64]–[65])

37 more judgments, and what each says about section 303, are in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Amendments

  1. F787S. 303(2A)-(2C) inserted (1.12.1994) by S.I. 1994/2421, art. 14(2)

Modifications

  1. C1013Ss. 298–307 applied with modifications by S.I. 1986/1999, art. 3, Sch. 1 Pt. II
  2. C1014S. 303 applied (with modifications) (1.12.1994) by S.I. 1994/2421, art. 8(3)(9), Sch. 4 Pt. II para. 20