Applications for Advice from Courts By Insolvency Practitioners

Abstract

This article examines the nature of the powers of insolvency practitioners in applying for advice from the courts. It examines first the policy justification for granting these unusual rights to insolvency practitioners having regard to the nature of the work undertaken in the modern insolvency context. Second, the notion that subtle differences exist in relation to seeking advice from the courts in different types of administrations is explored. The question then as to whether it is appropriate that such differences exist, given that the policy basis of an insolvency practitioner seeking advice in different administrations does not appear to be different, is considered. Conclusions are drawn in favour of a consistent approach across all types of administration and suggestions are made for the legislation to be altered to provide a single set of provisions around this issue.