In Official Receiver v Norriss [2015] EWHC 2697 the High Court considered that the powers

available under s.236 IA’86 had cross border effect so as to allow the official receiver the power to require an individual resident abroad to produce a witness

statement and documents detailing the circumstances in which monies were transferred

to a trust company in Hong Kong immediately prior to the companies liquidation.

Prior to this decision the UK Courts had only made orders that a person be examined, be that in the foreign jurisdiction or requiring them to return to the UK for questioning. Such applications must take account of whether the foreign jurisdiction in question has the appropriate machinery to compel the giving of evidence and production of documents; and the balancing exercise between what is necessary and how much of a burden the order would pose to the individual.

The effect of Norriss appears to provide an alternative option to obtain information under s.236.I question, however, the enforcement powers available in the event of non compliance in a foreign jurisdiction. Surely the foreign jurisdiction would need to have the appropriate machinery to compel the giving of evidence for the order to have any effect.