Hamilton and Another v Naviede and Director of SFO: HL 26 Jul 1994

A Company Court Judge may not fetter the later use of insolvency interviews by a criminal court. The obligation to give the information will not prejudice the fairness of a possible criminal trial, since the accused would still have the protection of section 78 of the Act of 1984.


Lord Browne-Wilkinson


Independent 26-Jul-1994, Times 26-Jul-1994, [1995] 2 AC 75, [1994] 3 All ER 814, [1995] 1 Cr App R 95, [1994] 3 WLR 656


Insolvency Act 1986 236, Police and Criminal Evidence Act 1984 78


England and Wales

Cited by:

CitedRegina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another HL 17-Feb-2000
A notice was given to the holder of a waste disposal licence to require certain information to be provided on pain of prosecution. The provision of such information could also then be evidence against the provider of the commission of a criminal . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Criminal Practice

Updated: 20 May 2022; Ref: scu.81190