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Selected Cases and Summaries of Completed Investigations - October 2000 to March 2001
Volume 4 - 2nd REPORT - SESSION 2001-2002
Chapter 2
DEPARTMENT OF TRADE AND INDUSTRY
Case No: C.828/00
Withholding of evidence and excessive charge for storage of company papers
Mr N complained that in 1994 officials from the Department of Trade and Industry deliberately withheld a relevant letter from the then President of the Board of Trade who was considering disqualification proceedings against him under the Company Directors’ Disqualification Act 1986. He also alleged that the Official Receiver had charged him unreasonable storage fees for his company papers under threat of destroying them and had imposed unfair access arrangements when he asked to inspect them. On the first complaint the Ombudsman found that the Department of Trade and Industry had been at fault in not drawing the letter to the President’s attention but that this omission had not caused injustice to Mr N. A successor as President had been made aware of the existence of the letter and had decided that the proceedings should continue. The Permanent Secretary of the Department of Trade and Industry apologised to Mr X.
The Ombudsman did not report upon the second aspect of the complaint since the question of the continued storage of the company papers had been the subject of an approach to the courts.
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