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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

11 SEP 2009

Insolvency Event - ILA 20th anniversary Dinner - the Lord Hoffmann to speak

The Insolvency Lawyers' Association (ILA) has announced that the Rt Hon the Lord Hoffmann of Chedworth, PC  will speak at the ILA's 20th Anniversary Dinner. This is being held on the 11/11/2009 at the Natural History Museum. In past years this has been a very enjoyable event. The after dinner speakers have generally been good as well. Henry Blofeld was a highlight, albeit slightly inaudible. Unfortunately I missed Christine Hamilton's talk to the ILA.

I recently came across an interesting paper by the Lord Hoffmann entitled: "The Universality of Human Rights" (Judicial Studies Board Annual Lecture, 19 March 2009.) He touches on the history of bankruptcy in the paper when he notes:

“In particular, as far back as the time of Lord Eldon, the power to examine bankrupts about their property has been construed as excluding the privilege. [1] In  1856 the Court for Crown Cases Reserved held that the answers were admissible in criminal proceedings against the bankrupt. [2] Since the Bankruptcy Act 1883 it has been the invariable practice for statutes dealing with such examinations to provide that the notes of the examination may be used in evidence against the deponent. These rules were extended to the examination of company directors in a winding-up and by section 434 of the Companies Act 1985 to a company investigation by inspectors appointed by the Secretary of State. There is in such cases no question of ill-treatment of a suspect. The examination is conducted in a civilised manner and the witness is entitled to have his lawyer present.” [3]
I am sure his lecture will be very interesting. I am not currently aware of the title. I shall post any news in this regard as soon as I have it.

 [1] Ex parte Cossens (1805) Buck. 410
 [2] R v Scott (1856) Dears & Bell 47.
 [3] Lord Hoffmann. The Universality of Human Rights. Judicial Studies Board Annual Lecture, 19 March 2009.

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