The Insolvency Service v Boris Franz Becker & Anor.

The Insolvency Service v Boris Franz Becker & Anor.

Permission to use the compelled witness statement in criminal proceedings is refused because it was produced under compulsion, is inadmissible in criminal proceedings, its disclosure constituted contempt, and confidentiality should not be breached; permission to use the orders is granted as their publication is not prohibited by law.

Parties
Applicant: The Insolvency Service; 1st Respondent: Boris Franz Becker; 2nd Respondent: Angela Ermakova
Jurisdiction
England and Wales
Judgment Date
25 September 2020
Procedural Posture
Application in Family Proceedings / Ruling on Application for Disclosure to Criminal Proceedings
Outcome
Application partly allowed and partly refused
Legal Topics
Disclosure of Documents, Contempt of Court, Privilege Against Self Incrimination, Confidentiality in Private Proceedings
Family Law Criminal Law Insolvency Law Disclosure of Documents Contempt of Court Privilege Against Self Incrimination Confidentiality in Private Proceedings

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Parties

The Insolvency Service

Applicant

Boris Franz Becker

1st Respondent

Angela Ermakova

2nd Respondent

Procedural Posture

Application in Family Proceedings / Ruling on Application for Disclosure to Criminal Proceedings

Legal Issues

  1. 1 Whether permission should be granted to introduce orders and a compelled witness statement from private family proceedings into criminal proceedings
  2. 2 Whether disclosure of the compelled statement constituted contempt of court
  3. 3 Admissibility of compelled statements in criminal proceedings

Ratio Decidendi

Permission to use the compelled witness statement in criminal proceedings is refused because it was produced under compulsion, is inadmissible in criminal proceedings, its disclosure constituted contempt, and confidentiality should not be breached; permission to use the orders is granted as their publication is not prohibited by law.

Court Disposition

Application partly allowed and partly refused

Orders

  • Permission granted to use the relevant orders in criminal proceedings
  • Permission refused to use the compelled witness statement in criminal proceedings