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