Effective insolvency interviews

In preparation for a recent interview of an ex-director of a company, it was important initially to reflect upon the purpose of a s235 interview. These are not intended to be adversarial proceedings, but instead a fact-finding exercise to allow the office holder to gather information that they may reasonably require concerning the company and its promotion, formation, business, dealings, affairs, or property. The exercise of the s235 powers may only extend to what is reasonably required and for a legitimate purpose.

Carefully planned interview questions

On that basis, it is important that the questions put to the interviewee are carefully thought through, with each question having a purpose. Command of the subject matter is key to these preparations to ensure the questions asked and information gathered further the inquiries of the office holder. In the recent interview I attended, I was particularly impressed by the narrative created in the interview. By creating a coherent flow of questions following the timeline of the company, the interviewee was given the opportunity to tell their version of the ‘story’ and gave a structure to the interview. The interviewer’s calm yet purposeful approach allowed them to maintain this structure without making the interviewee defensive and created a collaborative approach to the interview which was effective.

It can also be important to go into the interview with an open mind. As I found with the interview I attended, the outcome of the interview can often not be as expected, and unanticipated information may come to light. It is therefore important to not have a preconception of what a ‘successful’ interview is, and to allow for flexibility within the interview. This will likely come hand in hand with command of the subject matter, with the ability to seamlessly pivot within the interview potentially key in allowing for effective fact gathering and was another area that, upon reflection, allowed for the success of the interview.

Setting the scene

In order to maintain the flow of the interview, setting the scene of the interview and other logistical and technical preparations are key. It is typical that a transcription is produced of the interview, and so the method for doing this needs to be thought through. I found that a voice recording on a phone was the easiest and least intrusive method of achieving this, and also negated the need for any complicated voice recording equipment – the simplest way is often the best! Informing all parties that a recording is going to be made prior to the interview will also help to set the scene and reduce any surprises on the day. The location of the interview should also be considered – both geographically and internally, to create the most conducive (and for transcription purposes the quietest) setting for a successful interview.

In summary

It is therefore important to consider the logistical, technical, procedural and factual aspects of the interview. Whilst logistical and technical considerations will allow for a smooth interview, an effective interview is built off comprehensive preparation and understanding of the facts at hand, which allows for flexibility and collaboration to naturally occur.

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