The subject of the bankruptcy proceedings asked that the petition be heard in private so as not to prejudice pending criminal proceedings in a foreign jurisdiction.
Held: The bankrupt would be required to answer questions which might be self incriminating. The court had power to hear the matter in private, and would do so, but the examination would be face to face, and would be not be adjourned.
Judges:
Judge Kaye, QC
Citations:
Times 16-Jul-2008, [2009] Bus LR 284, [2008] EWHC 1794 (Ch)
Links:
Statutes:
Insolvency Act 1986 290, Insolvency Rules 1986 (SI 1986 No 1925) 6.175
Jurisdiction:
England and Wales
Cited by:
Appeal from – Rottmann v Brittain CA 12-Nov-2008
The applicant sought leave to appeal against a refusal to adjourn his examination in bankruptcy fearing that the contents would become public prejudicing his criminal trial abroad. The court had allowed a private examination, but he felt this was . .
At first instance – In re Rottmann (a Bankrupt) CA 18-Mar-2009
The bankrupt renewed his request for permission to appeal against a refusal to adjourn his public examination in bankruptcy. The court had allowed a private examination so as not to prejudice pending criminal proceedings in Germany.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Insolvency
Updated: 16 August 2022; Ref: scu.279113