Question to the Department for Business, Innovation, Science and Trade:

To ask the Secretary of State for Business, Innovation, Science and Trade, what requirements apply to insolvency practitioners to notify a proposed defendant before assigning a claim and provide an opportunity to identify material factual errors.

There is no general requirement for an office-holder to notify a proposed defendant before assigning a claim.

Regulation 13 of the Insolvency Practitioners Regulations 2005 sets out that insolvency practitioners must maintain records sufficient to explain material decisions taken during the administration of a case. These records must be retained for six years after the office-holder’s release.

Following assignment, there is no general statutory duty to provide new information. Any obligations will depend on the terms of the assignment or directions of the Court. Recognised Professional Bodies monitor insolvency practitioners’ compliance with professional obligations.