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Company Investigations and Public Law
By
Andrew Lidbetter
Description
An investigation into the affairs of a
company or an aspect of those affairs by the Department of Trade and
Industry (DTI) can have far-reaching implications for those involved.
This includes,for example, directors’ disqualification
proceedings and criminal prosecution. In recent years the number of
investigations has increased substantially; in 1996/7 the DTI
formally considered more than 1,300 cases. Over 400 investigations
under the Companies Acts, section 44 of the Insurance Companies Act
1982 and section 177 of the Financial Services Act 1986 (insider
dealing) were commenced in the same period. The book places these
statutory investigations in their public law context, examining in
detail the public law principles governing such matters as public
interest immunity and procedural fairness. It also analyses the
European Convention on Human Rights cases on investigations and the
use of evidence and explains the implications for domestic law.
This book examines the company
investigation system, and will be a valuable vade mecum for
investigators appointed by the DTI or for witnesses to an
investigation. It is a unique work of reference and analysis, written
by a leading practitioner in this area, and will rapidly become
established as the leading work in this area.Table of Contents
Introduction; Historical Background;
The Investigations Handbook; The Investigation of Investigations; The
Conduct of Investigations; Obtaining Evidence; Preparation of Reports
and Procedural Fairness; Disclosure of Information Received During
the Course of an Investigation; The Publication of Reports; The
Expenses of Investigations; The Link with Other Investigations;
Subsequent Action by the Secretary of State; The Use of Evidence and
Reports in Civil and Criminal Proceedings; Proposal for Reform;
Appendix - Relevant Statutory Provisions
Andrew Lidbetter is a partner at
Herbert Smith,solicitors, where he specialises in public law and
commercial judicial review.
is Reader in Law at University College
London
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