SAUNDERS v. UNITED KINGDOM JUDGMENT 12 (b) that any actual or proposed act or omission of the company (including an act or omission on its behalf) is or would be so prejudicial, or that the company was formed for any fraudulent or unlawful purpose, or (c) that persons concerned with the company’s formation or the management of its affairs have in connection therewith been guilty of fraud, misfeasance or other misconduct towards it or towards its members, or (d) that the company’s members have not been given all the information with respect to its affairs which they might reasonably expect." (section 432 (2)) 46. The Secretary of State is also empowered to appoint inspectors to: "... investigate and report on the membership of any company, and otherwise with respect to the company, for the purpose of determining the true persons who are or have been financially interested in the success or failure (real or apparent) of the company or able to control or materially to influence its policy." (section 442 (1)) B. Function and powers of inspectors 47. The function of inspectors is an inquisitorial and not a judicial function. It has been summarised in re Pergamon Press Ltd [1971] Chancery Reports 388, per Sachs LJ at p. 401, as follows: "The inspectors’ function is in essence to conduct an investigation designed to discover whether there are facts which may result in others taking action; it is no part of their function to take a decision as to whether action be taken and a fortiori it is not for them finally to determine such issues as may emerge if some action eventuates." 48. Section 434 of the 1985 Act provides: "(1) When inspectors are appointed under section 431 or 432, it is the duty of all officers and agents of the company ... (a) to produce to the inspectors all books and documents of or relating to the company ... which are in their custody or power, (b) to attend before the inspectors when required to do so and, (c) otherwise to give the inspectors all assistance in connection with the investigation which they are reasonably able to give ... ... (3) An inspector may examine on oath the officers and agents of the company or other body corporate, and any such person as is mentioned in subsection (2), in relation to the affairs of the company or other body, and may administer an oath accordingly ... ... (5) An answer given by a person to a question put to him in exercise of powers conferred by this section (whether it has effect in relation to an investigation under any