Insolvency and inquisitiveness

By Simon Lewis2019-10-28T10:12:00

Simon Lewis explains the limits of requests for information under section 236 of the Insolvency Act when a company goes bust

As reported in Building earlier this year, construction experienced the highest number of insolvencies of any UK industry in 2018. Last year 2,954 firms became insolvent, an increase of 12% on the previous year and more than in any year since 2013. It is well known that the construction sector is particularly prone to insolvencies and there has been a great deal written about why that is and what can be done about it. Of equal importance, perhaps, and particularly for those that find themselves involved with an insolvent company, is what happens once an insolvency practitioner has been appointed. There is a significant amount of statutory regulation around this area, much of it contained in the Insolvency Act 1986. One aspect of the Insolvency Act that I would like to consider in a bit more detail here is section 236.

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