Insolvency & Human Rights - A Bite-Sized Guide

Introduction

Human rights have, until recent years a very limited role to play in insolvency matters.

However, since the advent of the Human Rights Act 1998, there has been a lot more litigation in this area in the insolvency world particularly in relation to arguments concerning Article 8 on the right to respect for private and family life, and Article 6 on the privilege against self-incrimination.

This short webinar will consider how insolvency practitioners and other office holders should approach human rights issues on a procedural and legal basis when carrying out their functions under the auspices of insolvency law.

What You Will Learn

This webinar will cover the following:

• The Human Rights Act
• Duties on public authorities and how this applies to office holders and insolvency practitioners
• Proportionality
• Investigative powers and corresponding human rights considerations
• Immunity of the officeholder
• Types of claims including material obtained under compulsion
• Legal assistance considerations when pursuing certain actions

This webinar was recorded on 15th August 2022