Rule 12.13 Confidentiality of documentsI1
England and Wales
Where in insolvency proceedings the responsible insolvency practitioner considers, in the case of a document forming part of the records of the insolvency, that—
it should be treated as confidential, or
it is of such a nature that its disclosure would be calculated to be injurious to the interests of the insolvent's creditors or, in the case of a company's insolvency, its members or the contributories in its winding up,
he may decline to allow it to be inspected by a person who would otherwise be entitled to inspect it.
The persons to whom the insolvency practitioner may under this Rule refuse inspection include the members of a liquidation committee or a creditors' committee.
Where under this Rule the insolvency practitioner determines to refuse inspection of a document, the person wishing to inspect it may apply to the court for that determination to be overruled; and the court may either overrule it altogether, or sustain it subject to such conditions (if any) as it thinks fit to impose.
Nothing in this Rule entitles the insolvency practitioner to decline to allow the inspection of any proof or proxy.
Annotations
Textual amendments
- F1
Rule 12.13(4) added (11.1.1988 with application in accordance with rule 3(1)(2)) by The Insolvency (Amendment) Rules 1987 (S.I. 1987/1919), rule 1, Sch. para. 148
Commencement
- I1
Rule 12.13 in force at 29.12.1986, see rule 0.1