The Webb decision is a clear warning to insolvency practitioners: broad, unfocused disclosure requests under ss.235–236 are not guaranteed to succeed. In Webb, liquidators sought extremely wide categories of documents from a group company and its solicitors. Despite earlier cooperation, the later requests became “everything and forever” demands with no evidence explaining why such breadth was reasonably required.
Both the ICC Judge and the appeal court dismissed the office-holders’ applications. Key points considered were:
- “Reasonably required” is a real threshold under both ss.235 and 236 and it must be proved, not assumed.
- Catch‑all formulations fail. The court expects specific categories, with reasons for each.
- Being “in the dark” is not justification for demanding all documents.
- Privilege remains intact, applications against solicitors require clear justification.
- A staged approach works best: start with core categories, then expand only when you can demonstrate the need.
The takeaway from this case is that requests must be targeted and evidenced in order to succeed. Broad catch all fishing expeditions will not.
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