CERIL

In the CERIL Executive Statement and the accompanying Judicial Reflection Paper 2025-1, CERIL presents judicial views on the confidentiality, secrecy and privilege of information in restructuring proceedings. It marks the third result of CERIL’s work on ‘Confidentiality, Secrecy and Privilege in Matters of Restructuring’.

Impetus for this third project of Working Part 13 on Confidentiality, Secrecy and Privilege are the findings of two preceding CERIL Reports which dealt with the position of the insolvent debtor and the insolvency practitioner. By drawing on the experiences and insights of CERIL Conferees with judicial experience or a background in judicial authorities, the Judicial Reflection Paper seeks to encapsulate the judicial viewpoint on the practical application and implications of the recommendations set forth in the prior reports.

This Paper with judicial reflections provides a framework designed to inspire and guide further discussion, allowing for the reconsideration of legal approaches beyond current national legislation and practices.

This Statement and Report were prepared by:

Reporters:

• Prof. Ignacio Tirado
• Prof. Bob Wessels

In the preparation of the Judicial Reflection Ppaer, WP 13 was assisted by Conferee Dr. Shuai Guo (China University of Political Science and Law, China) and Research Associate Defne Taşman (University of Antwerp, Belgium).

Download

1. Executive Statement 2025-1.
2. Judicial Reflection Paper 2025-1.