Simmonds v Pearce: Admn 1 Dec 2017

Own compulsory statements used against bankrupt

Application to commit the Respondent to prison for breaches of various provisions of the Insolvency Act which are said to constitute deliberate, repeated, and serious contempt of court.
Held: Such applications should be dealth with under CPR r81.15 in Chancery. Statements obtained under compulsion via Section 433 might be set against the bankrupt without infringing his privilege against self incrimination.

Gloster DBE LJ, Andrews DBE J
[2017] EWHC 3126 (Admin), [2017] WLR(D) 803
Bailii, WLRD
Insolvency Act 1986 433(1)
England and Wales


Updated: 01 November 2021; Ref: scu.602596