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Transaction Avoidance in Insolvencies$
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Rebecca Parry, James Ayliffe, Sharif Shivji, Hamish Anderson, and William Trower

Print publication date: 2018

Print ISBN-13: 9780198793403

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780198793403.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 16 May 2022

Unenforceability of Liens on Books, Papers, and Other Records (Insolvency Act 1986, Sections 246 and 349)

Unenforceability of Liens on Books, Papers, and Other Records (Insolvency Act 1986, Sections 246 and 349)

Chapter:
(p.254) 8 Unenforceability of Liens on Books, Papers, and Other Records (Insolvency Act 1986, Sections 246 and 349)
Source:
Transaction Avoidance in Insolvencies
Author(s):

Rebecca Parry

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198793403.003.0010

The smooth functioning of insolvency proceedings demands that the office holder has at his disposal all relevant documents and consequently an order may be obtained for the delivery up to the office holder of books, papers, and records relating to the debtor. Any lien or other right that gives a person possession is unenforceable against the office holder, so as to prevent these rights from being used by the possessor to resist having to surrender the property concerned to the office holder. This provision does not, however, apply where the person holds documents of title to property under a lien. This exemption is discussed further at paragraphs 8.04 et seq.

Keywords:   Application, Effect of Unenforceability, Interaction with Other Provisions

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