British and Commonwealth Holdings Plc ((in Administration)) v Barclays de Zoete Wedd Ltd and Others ; Re Atlantic Computers Plc ((in Administration))
| Jurisdiction | England & Wales |
| Judgment Date | 25 April 1997 |
| Date | 25 April 1997 |
| Court | Chancery Division |
Chancery Division
Insolvency - application for disclosure of witness statement - third party must notify witness
A third party wishing to apply for disclosure to him of any witness statement given to inspectors appointed to investigate the affairs of an insolvent company under section 432(2) of the Companies Act 1985 must first tell the witness.
Mr Justice Robert Walker so stated in the Chancery Division on March 26 when hearing an application by the administrators of Atlantic Computers plc seeking disclosure of 54 witness statements taken by inspectors of the Department of Trade and Industry investigating the collapse of British and Commonwealth Holdings plc; and applications by the administrators of BCH and others in actions brought by them against Barclays de Zoete Wedd Ltd, Atlantic and others on whether certain statements in those administrators' possession were privileged from production under Order 24 of the Rules of the Supreme Court on the grounds of public interest immunity or confidentiality.
HIS LORDSHIP said that the relatively advanced...
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