Home Information Cases In re Jeffrey S. Levitt Ltd (1991)

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In re Jeffrey S. Levitt Ltd (1991)

Summary

An officer of an insolvent company cannot refuse to answer question on the ground that he might incriminate himself.

Facts

Application by receivers for directions concerning the refusal of the controlling director of the company in receivership to answer questions put to him on an examination ordered under s.236 Insolvency Act 1985.

Held

If s.236 was read in the context of ss.234 & 235 it was clear that those sections established a class of persons on whom was laid a duty to furnish information to such as the present receivers. See also ss.6 & 7 & Sch.1 Company Directors Disqualification Act 1986. An enquiry by a receiver into the conduct of a director would be frustrated if the privilege of silence on the ground of self-incrimination could be invoked, and criminal proceedings might not have been completed before the two year time limit for making a disqualification had expired. Ordered that the examination be resumed before a judge of the Chancery Division.

Chancery Division
Vinelott J
Judgment date
29 October 1991
References

​[1992] 2 WLR 975 : [1992] 2 All ER 509 : [1992] BCC 137 : [1992] BCLC 250 : Times, November 6, 1991 

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