[2004] EWCA Crim 1763

It was in the public interest that once the Department of Trade and Industry or the Official Receiver was satisfied that material obtained under the Insolvency Act 1986 s.235 was required for criminal investigation, they should be free to disclose it without an elaborate balancing exercise or the sanction of a court or notice to the individual concerned. If the Official Receiver was given information under s.218(3) of the Act he would be entitled to pass it to a prosecuting authority in the same way as the liquidator in a voluntary liquidation could do under s.218(4) of the Act, although that was not spelt out in the Act.

CA (Crim Div) (Tuckey LJ, Douglas Brown J, Hedley J)

22/06/2004

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