Re Headington Investments
| Jurisdiction | England & Wales |
| Judgment Date | 25 July 1994 |
| Date | 25 July 1994 |
| Court | House of Lords |
House of Lords
Before Lord Keith of Kinkel, Lord Jauncey of Tullichettle, Lord Browne-Wilkinson, Lord Lloyd of Berwick and Lord Nolan
Insolvency - liquidator's transcripts - use by Serious Fraud Office
Although a judge had a discretion under rule 9.5 of the Insolvency Rules (SI 1986 No 1925) whether or not to authorise the unconditional release of transcripts of an examination by a liquidator under section 236 of the Insolvency Act 1986, he had no power to seek to prevent the use by the Serious Fraud Office (SFO) of those transcripts in criminal proceedings.
The House of Lords so held in dismissing an appeal by Mr Naviede against a decision of the Court of Appeal (Lord Justice Dillon, Lord Justice Steyn and Lord Justice Rose) (The Times April 26, 1993; (1993) Ch 452) allowing an appeal by the Director of the SFO against a decision by Mr Justice Vinelott (The Times November 11, 1992) in the Companies Court, that transcripts of Mr Naviede's examination would not be released to the SFO unless an undertaking was given that the transcripts would not be used in evidence against Mr Naviede save for the purposes permitted by section 2(8) of the Criminal Justice Act 1987.
Mr Gavin Lightman, QC and Mr Matthew Collings for Mr Naviede; Mr John Jarvis, QC and Mr Ewan McQuater for the liquidators; Mr Roger Kaye, QC and Mr Richard Ritchie for the Director of the SFO; Mr A William H Charles for the Secretary of State for Trade and Industry.
LORD BROWNE-WILKINSON said that a person examined under section 236 could be compelled to give self-incriminating answers which were admissible against him in criminal proceedings: see Bishopsgate Investment Management Ltd v MaxwellELR ((1993) Ch 1). However, the record of his answers was not available to outsiders without an order of the court under rule 9.5(4) of the Insolvency Rules.
Unless the court had some discretion to restrict the use which section 236 transcripts could be put, the result of the statutory provisions read together was that self-incriminating answers given by the appellant in the course of the section 236 examination, which he could not refuse to give, would be obtained by the SFO and would be admissible in evidence against him in criminal proceedings.
However, if the SFO had itself asked the same questions acting under the inquisitorial procedure laid down by section 2(2) of the Criminal Justice Act 1987 the appellant's answers to such...
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