Rottmann, Re

Rottmann, Re

The court has discretion to adjourn a public examination where there is a risk of prejudice to a fair trial in foreign criminal proceedings. In this case, a limited suspension of the public examination is justified, with a private examination ordered instead, balancing the bankrupt's rights and the trustee's interests.

Parties
Applicant/bankrupt: Michael Rottmann; Respondent: The Official Receiver; Trustee/opponent: Trustee in Bankruptcy
Jurisdiction
England and Wales
Judgment Date
20 May 2008
Procedural Posture
Bankruptcy Application / Application to Suspend Public Examination Pending Foreign Criminal Proceedings
Outcome
Application to suspend public examination granted in part; public examination suspended until further order, private examination ordered instead.
Legal Topics
Privilege Against Self Incrimination, Public and Private Examination in Bankruptcy, Effect of Foreign Criminal Proceedings on Domestic Insolvency Process, Article 6 ECHR Fair Trial Rights
Insolvency Human Rights Criminal Law (cross Border) Privilege Against Self Incrimination Public and Private Examination in Bankruptcy Effect of Foreign Criminal Proceedings on Domestic Insolvency Process Article 6 ECHR Fair Trial Rights

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Parties

Michael Rottmann

Applicant/bankrupt

The Official Receiver

Respondent

Trustee in Bankruptcy

Trustee/opponent

Procedural Posture

Bankruptcy Application / Application to Suspend Public Examination Pending Foreign Criminal Proceedings

Legal Issues

  1. 1 Whether the public examination of a bankrupt should be suspended due to pending foreign criminal proceedings
  2. 2 Whether privilege against self-incrimination extends to foreign criminal proceedings
  3. 3 How to balance the interests of creditors, the trustee, and the bankrupt's rights

Ratio Decidendi

The court has discretion to adjourn a public examination where there is a risk of prejudice to a fair trial in foreign criminal proceedings. In this case, a limited suspension of the public examination is justified, with a private examination ordered instead, balancing the bankrupt's rights and the trustee's interests.

Court Disposition

Application to suspend public examination granted in part; public examination suspended until further order, private examination ordered instead.

Orders

  • Public examination of Mr. Rottmann suspended until further order.
  • Private examination to be conducted by the trustee in bankruptcy at a date and time to be arranged, with the Official Receiver permitted to attend.