Rottmann v Brittain

Rottmann v Brittain

The appeal does not have a real prospect of success because the judge's exercise of discretion to order a private examination was within legal principles and adequately protected the applicant's rights; however, the compatibility of the insolvency rules with human rights is a novel point warranting consideration by the full court.

Parties
Appellant: Michael Rottmann; Respondent: Brittain
Jurisdiction
England and Wales
Judgment Date
12 November 2008
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal and Extension of Time
Outcome
application adjourned to the full court
Legal Topics
Bankruptcy, Self Incrimination, Fair Trial, Discretion of the Court, Compatibility of Insolvency Rules With Human Rights
Insolvency Law Human Rights Law Bankruptcy Self Incrimination Fair Trial Discretion of the Court Compatibility of Insolvency Rules With Human Rights

Case Brief

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Parties

Michael Rottmann

Appellant

Brittain

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal and Extension of Time

Legal Issues

  1. 1 Whether the exercise of discretion to order a private examination of a bankrupt is compatible with the right against self-incrimination under Article 6 of the European Convention on Human Rights
  2. 2 Whether Insolvency Rule 6.175(6) is compatible with the Human Rights Act

Ratio Decidendi

The appeal does not have a real prospect of success because the judge's exercise of discretion to order a private examination was within legal principles and adequately protected the applicant's rights; however, the compatibility of the insolvency rules with human rights is a novel point warranting consideration by the full court.

Court Disposition

application adjourned to the full court

Orders

  • Application for permission to appeal adjourned to the full court.
  • If permission is granted, the appeal will be immediately heard.