Jeremy Robert Webb & Anor v Eversholt Rail Limited & Anor

Jeremy Robert Webb & Anor v Eversholt Rail Limited & Anor

Liquidators are not entitled to all company records as of right; they must establish a reasonable requirement for the documents sought under sections 235 and 236. The application was framed too broadly and failed to justify the need for all documents. The Services Agreement is relevant background but does not override the statutory requirement. The judge below correctly dismissed the application for lack of a reasonable requirement.

Parties
Appellants: Jeremy Robert Webb and Zelf Hussain (as Joint Liquidators of Eversholt Rail (365) Limited (in Liquidation)); Respondent: Evershott Rail Limited; Respondent: Norton Rose Fulbright LLP
Jurisdiction
England and Wales
Judgment Date
22 January 2026
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Liquidator's Entitlement to Information, Statutory Duty to Cooperate, Reasonable Requirement Test, Privilege in Legal Advice, Group Company Records, Services Agreement Obligations
Insolvency Company Law Liquidator's Entitlement to Information Statutory Duty to Cooperate Reasonable Requirement Test Privilege in Legal Advice Group Company Records Services Agreement Obligations

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Parties

Jeremy Robert Webb and Zelf Hussain (as Joint Liquidators of Eversholt Rail (365) Limited (in Liquidation))

Appellants

Evershott Rail Limited

Respondent

Norton Rose Fulbright LLP

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether liquidators are entitled to all company records held by a group service provider under sections 235 and 236 of the Insolvency Act 1986
  2. 2 Whether the Services Agreement between ERL and 365 establishes a reasonable requirement for disclosure
  3. 3 Whether legal advice obtained by ERL for 365 is privileged against the liquidators

Ratio Decidendi

Liquidators are not entitled to all company records as of right; they must establish a reasonable requirement for the documents sought under sections 235 and 236. The application was framed too broadly and failed to justify the need for all documents. The Services Agreement is relevant background but does not override the statutory requirement. The judge below correctly dismissed the application for lack of a reasonable requirement.

Court Disposition

appeal dismissed