Obtaining Company Legal Records During Covid-19: Case Study — Oliver Elliot
Obtaining Company Legal Records During Covid-19 is something that an Insolvency Practitioner might find gives rise to added complexity or difficulty. The reason is that new points for consideration may sprout which might delay and affect the administration of an insolvency estate due to the inaccessibility of documents held by other parties.
Case Study: Obtaining Company Legal Records During Covid-19
An example of such an issue is one that arose when our CEO, Elliot Green, recently called upon a legal adviser of a company in Liquidation to produce their files.
A request was made for details of the relevant files and property of the company, for them to be produced which after a passage of some time reasonably required a follow up.
Two issues were mentioned that affected the subsequent discussions from the first substantive response:
- The legal adviser suggested that they held none of the company in liquidation’s property.
- The adviser was not attending the offices due to Covid-19 and therefore the paper file were currently inaccessible.
As a result, this was addressed with a response that picked out these highlights to seek to examine if they represented insurmountable difficulties.
Property: Obtaining Company Legal Records
The assertion that the adviser did not have any property of the company in liquidation did not readily chime with an acknowledgment of having acted for the company.
Consequently, reference to the matter of Walker Morris v Khalastchi featured in further discussions.
Covid-19: Attendance At Adviser’s Premises
In relation to the matter of Covid-19 two points arose.
First, the response from the legal adviser referred to the fact that the adviser’s firm had a Covid-19 continuity policy, assuring clients that it was likely to be business as usual.
Second, whilst the paper files might not necessarily have been instantly accessible, the same might not have been the case where the electronic documents were concerned.
Notably, the Court system has been operating reasonably successfully with remote hearings and in circumstances in which electronic bundles have been created with considerable volumes of documents being deployed.
Conclusion: Obtaining Company Legal Records During Covid-19
In the matter referred to the adviser’s electronic files were delivered up with alacrity upon examination of the above points and suggestions put forward to the adviser.
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Originally published at https://www.oliverelliot.co.uk on February 12, 2021.