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 court had power to order the hearing to be conducted in private and had done so. A court in Germany wishing to make use of any material gathered would have to think very carefully about its duties under human rights law before doing so. The court should find a balance between the need for the hearing to go ahead and the need to protect the bankrupt from incriminating himself. Leave was refused.
Lord Justice Ward, Lord Justice Keene and Lord Justice Lawrence Collins
[2009] EWCA Civ 473, [2009] BPIR 1148
Times, Bailii
Insolvency Rules 1986 (SI 1986 No 1925) 6.175, Insolvency Act 1986 290
England and Wales
Citing:
At first instance – In re Rottmann (a Bankrupt) ChD 20-May-2008
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 . .
Cited – Saunders v The United Kingdom ECHR 17-Dec-1996
(Grand Chamber) The subsequent use against a defendant in a prosecution, of evidence which had been obtained under compulsion in company insolvency procedures was a convention breach of Art 6. Although not specifically mentioned in Article 6 of the . .
Leave – 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 . .
Lists of cited by and citing cases may be incomplete.
Insolvency, Human Rights
Updated: 02 November 2021; Ref: scu.326973