The document discusses topics related to investigations and claims by officeholders, including why investigations are conducted, techniques for streamlining investigations, investigatory powers available to officeholders, recommended investigatory techniques, and issues related to funding investigations. It notes that claims are assets that can increase the estate, investigations generate chargeable time and revenue, and officeholders have a duty to investigate assets. It also discusses using various legal powers and IT resources for investigations and addresses approaches for funding investigations.

1. investigations & claims by
officeholders
making claims work
Dan Geddes
Solicitor
Insolvency and Business Recovery Team

2. topics for discussion
why do it?
streamlining
investigatory powers
investigatory techniques
funding issues

3. why do it?
claims are an asset – they can swell the estate
investigations increase your revenue – it is
chargeable time
you are obliged to do it (SIP2 and general duty to get
in the assets of the company and distribute them)
you have powerful weapons in your armoury
(investigatory powers, summary procedures)
not as risky as you think

4. streamlining
larger claims merit detailed investigations and justify
significant legal costs but what about smaller claims?
taking bold decisions; knowing when not to overuse
investigatory powers; building and maintaining
momentum
quick procedures for CFAs, insurance, sanction

5. investigatory powers
s.234 IA 86
s.235 IA 86
s.236 IA 86 (and s.237)
s.365 IA 86
s.366 IA 86 (and s. 367)
criminal offences (s.208-211, s.235)

6. investigatory techniques
use of IT (mirroring servers, search terms)
use of forensic teams
creditors/staff – listen to the gossip!
establish standard procedures (e.g. director
searches, group companies, bank statements)

7. funding & resourcing
Jackson reforms
CFAs – solicitors and counsel
adverse costs insurance – increasingly diverse
products
bonds – security for costs issues
litigation funding – changes afoot

8. Further information
Please contact Dan Geddes
dan.geddes@bllaw.co.uk
DD: 023 8085 7035