Source: All England Reporter
Publisher Citation: [2002] All ER (D) 354 (Nov)
Court: Chancery Division

Lawrence Collins J

Representation Malcolm Davis-White (instructed by Cadwalader) for the applicants.
  Richard Shelton QC and Hilary Stonefrost (instructed by Slaughter & May) for the respondent.
Judgment Dates: 25 November 2002


Companies - Administration order - Application for disclosure - Dispute as to insolvency of company - Approach to be applied - Insolvency Rules 1986, rr 7.7, 7.60.

The Case

Due to the nature and purpose of an application for an administration order, the nature of the enquiry by the court and the usual urgency of the application, it was inevitable that only very exceptional circumstances would justify an order for disclosure or cross-examination in proceedings for an administration order. In the instant case, the applicants were simply 'fishing' for information or documents to bolster their position, and that was not a legitimate use of the exceptional power to make orders for disclosure or information.

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