In brief
- On 7 October 2026, Mishcon de Reya's Insolvency & Restructuring team welcomed emerging insolvency professionals to our future leaders seminar. We focused on three areas where technical knowledge and sound judgement can make a significant difference: the appointment of administrators, the use of Insolvency Practitioners' insolvency powers, and giving evidence in court proceedings.
- Across three sessions, speakers highlighted that effective insolvency practice is not just about knowing the law, but about applying it carefully, documenting decisions thoroughly and being able to justify them when challenged.
Below is a summary of each panel and our top three takeaways.
Getting administration appointments right from the start
This panel, with Charlie Matta and Matthew Scola from Mishcon de Reya explored the mechanics of administration appointments and the consequences of getting the process wrong.
Key takeaways
- The appointment process is a compliance exercise, not a formality - Successful administration appointments depend on rigorous checks of eligibility, authority and purpose before filing. Robust processes will help to prevent costly challenges later.
- Small procedural mistakes can have significant consequences - Even seemingly minor procedural errors can invalidate an appointment, making careful document preparation and filing essential from the outset.
- Purpose matters as much as process - A valid appointment requires not only compliance with the technical requirements but also a clearly documented and genuine statutory purpose capable of withstanding scrutiny if challenged.
Using insolvency powers with precision rather than force
This session, with Tyrone Rees-Davies and Megan Bryan from Mishcon de Reya focused on the proper use of Insolvency Practitioners' powers under sections 234 and 236 of the Insolvency Act 1986.
Key takeaways
- Start with the right questions - Effective use of insolvency powers begins with identifying who holds the information or property, what is needed, why it is required and how it should be obtained, ensuring requests remain focused, proportionate and effective.
- Reasonable need remains a central principle - Applications under sections 234 and 236 should be supported by a clear purpose, a reasonable evidential basis and carefully defined scope, rather than broad or speculative requests.
- Powerful tools still have clear limits - While sections 234 and 236 can be very effective, they must be used strategically and within their legal boundaries, with careful consideration given to privilege, confidentiality and the rights of others.
Giving evidence: the importance of preparation, memory and credibility
The final session, with Jessica Williams and Harrison Berg from Mishcon de Reya, alongside Andy Hobbs of Assurety Training and Barrister and Assurety trainer Ciara O'Duffy, examined one of the most challenging aspects of insolvency litigation: giving evidence under cross-examination.
Key takeaways
- Insolvency practitioners occupy a unique position as witnesses - Insolvency practitioners must often give evidence based on investigations, historic events and information gathered from others, making it essential to clearly distinguish between personal knowledge, documentary evidence and conclusions reached through investigation.
- Contemporaneous records remain invaluable - Clear attendance notes, file records and contemporaneous communications can significantly strengthen witness credibility and provide vital evidence when decisions are later scrutinised in court.
- Confidence and accuracy are not the same thing - Effective witnesses are not those who appear most confident, but those who are well-prepared, communicate clearly and are honest about the limits of their recollection and knowledge.
In summary
Although the three sessions addressed very different topics, several common themes emerged. Whether appointing administrators, exercising statutory powers or giving evidence in court, success often depends on the same fundamentals: preparation, precision, good record-keeping and sound judgement.
The feedback submitted by attendees reflected many of those themes, with practical application, confidence and insight featuring strongly among participants' reflections.
We would like to thank all of our speakers and attendees for contributing to a highly engaging and practical afternoon.