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 insufficient protection.
Held: Leave was refused.
Judges:
Mummery LJ
Citations:
[2008] EWCA Civ 1360
Links:
Statutes:
Insolvency Rules 1986 (SI 1986 No 1925) 6.175, Insolvency Act 1986 290
Jurisdiction:
England and Wales
Citing:
Appeal from – 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 . .
Cited by:
Leave – 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: 22 July 2022; Ref: scu.279987