Company directors in an insolvent liquidation faced proceedings by the liquidators. They resisted providing additional evidence under examination by the liquidators.
Held: The sections under the 1986 Act should be read together. Where a director faced serious charges, requiring him to provide evidence against himself would be oppressive. The existence of such proceedings must be a major factor in deciding whether to order examination, and so also was the fact that they were directors. Even so, it was a balancing exercise for each case.
Judges:
Peter Gibson, Mance, Hale LJJ
Citations:
Times 20-Nov-2002, Gazette 16-Jan-2003, [2002] EWCA Civ 1624
Links:
Statutes:
Jurisdiction:
England and Wales
Company, Insolvency
Updated: 06 June 2022; Ref: scu.178246
