Tchenguiz v Director of the Serious Fraud Office & Anor [2014] EWCA Civ 1409 (31 October 2014)

Tchenguiz v Director of the Serious Fraud Office & Anor [2014] EWCA Civ 1409 (31 October 2014)

The judge correctly weighed the conflicting public interests in disclosure and confidentiality, applied the correct legal principles under CPR 31.22, and found no special circumstances justifying permission for collateral use of the documents in the Guernsey proceedings; the appeal is dismissed.

Citation
[2014] EWCA Civ 1409
Parties
Appellant/claimant: Robert Tchenguiz; Respondent/defendant: Director of the Serious Fraud Office; Intervening Party: HM Procureur for Guernsey; Intervening Party: Rawlinson and Hunter Trustees S. A.
Jurisdiction
England and Wales
Judgment Date
31 October 2014
Procedural Posture
Civil Appeal / Appeal From High Court (commercial Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Collateral Use of Disclosed Documents, Mutual Legal Assistance, Confidentiality of Criminal Investigations, Disclosure Under CPR 31.22, Public Interest Balancing
Civil Procedure Criminal Law International Cooperation Collateral Use of Disclosed Documents Mutual Legal Assistance Confidentiality of Criminal Investigations Disclosure Under CPR 31.22 Public Interest Balancing

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Parties

Robert Tchenguiz

Appellant/claimant

Director of the Serious Fraud Office

Respondent/defendant

HM Procureur for Guernsey

Intervening Party

Rawlinson and Hunter Trustees S. A.

Intervening Party

Procedural Posture

Civil Appeal / Appeal From High Court (commercial Court) to Court of Appeal

Legal Issues

  1. 1 Whether the Commercial Court erred in refusing permission under CPR 31.22 to use disclosed documents in Guernsey litigation
  2. 2 Whether the judge correctly balanced the public interests in disclosure and confidentiality
  3. 3 Whether the documents fell within the absolute prohibition of section 9(2) of the Crime (International Co-operation) Act 2003

Ratio Decidendi

The judge correctly weighed the conflicting public interests in disclosure and confidentiality, applied the correct legal principles under CPR 31.22, and found no special circumstances justifying permission for collateral use of the documents in the Guernsey proceedings; the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Permission to use the 22 documents in Guernsey proceedings refused
  • Costs to follow the event