P v P

P v P

Disclosure of MLA material is necessary for the fair disposal of the wife's application and does not materially undermine the MLA regime, given the Court of Appeal's binding decision in BOC Ltd v Instrument Technology Ltd that section 9(2) does not impose an absolute bar in civil proceedings; thus, the court exercises its discretion to order disclosure, subject to confidentiality undertakings.

Parties
Applicant/claimant: P; Respondent/defendant: P; Interested Party: Secretary of State for the Home Department; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
30 May 2012
Procedural Posture
Family / Ruling on Application for Disclosure in Ancillary Relief Proceedings
Outcome
Application for disclosure granted; permission to appeal refused; no order as to costs between wife and CPS/Secretary of State; costs between husband and wife reserved.
Legal Topics
Disclosure, Mutual Legal Assistance, Ancillary Relief, Fraud, Non Disclosure, Confiscation Orders
Family Law Criminal Law International Cooperation Disclosure Mutual Legal Assistance Ancillary Relief Fraud Non Disclosure +1 more

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Parties

P

Applicant/claimant

P

Respondent/defendant

Secretary of State for the Home Department

Interested Party

Crown Prosecution Service

Interested Party

Procedural Posture

Family / Ruling on Application for Disclosure in Ancillary Relief Proceedings

Legal Issues

  1. 1 Whether documents obtained via mutual legal assistance (MLA) can be disclosed in civil proceedings
  2. 2 Whether section 9(2) of the Crime (International Co-operation) Act 2003 imposes an absolute bar on disclosure
  3. 3 Balancing public interest in justice versus integrity of MLA regime

Ratio Decidendi

Disclosure of MLA material is necessary for the fair disposal of the wife's application and does not materially undermine the MLA regime, given the Court of Appeal's binding decision in BOC Ltd v Instrument Technology Ltd that section 9(2) does not impose an absolute bar in civil proceedings; thus, the court exercises its discretion to order disclosure, subject to confidentiality undertakings.

Court Disposition

Application for disclosure granted; permission to appeal refused; no order as to costs between wife and CPS/Secretary of State; costs between husband and wife reserved.

Orders

  • Crown Prosecution Service to disclose listed material to wife's solicitors by 4.00pm on 12 June unless notice of appeal and application for stay filed.
  • Wife to give undertaking not to disclose material except for purposes of proceedings FD02D03678.