Public examination in private

Re Rottmann (a bankrupt) ChD TLR 16 July

The bankrupt submitted that the use in foreign criminal proceedings of the transcript of his public examination in bankruptcy would infringe his right not to incriminate himself and prejudice his right to a fair trial. Balancing the right of the bankrupt not to incriminate himself, and the rights of the creditors to obtain information about the bankrupt’s affairs, the court exercised its discretion to order the examination to be conducted in private.