P v P [2012] EWHC 1733 (Fam) (30 May 2012)

P v P [2012] EWHC 1733 (Fam) (30 May 2012)

The court held that, bound by BOC Ltd v Instrument Technology Ltd, section 9(2) of the 2003 Act does not impose an absolute bar on disclosure of MLA material in civil (family) proceedings. The judge found that disclosure was necessary for the fair disposal of the wife's set-aside application and that, in the specific circumstances, the public interest in justice outweighed the potential harm to the MLA regime. Disclosure was ordered, subject to undertakings restricting use to the proceedings.

Citation
[2012] EWHC 1733 (Fam)
Parties
Applicant/claimant: P (wife); Respondent/defendant: P (husband); Intervener: Secretary of State for the Home Department; Intervener: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
30 May 2012
Procedural Posture
Family Law Ancillary Relief (financial Remedy) / Application for Disclosure in Set Aside Proceedings
Outcome
Application for disclosure granted
Legal Topics
Disclosure of Documents, Mutual Legal Assistance, Ancillary Relief, Fraud and Misrepresentation, Public Interest Immunity
Family Law Criminal Law International Law Disclosure of Documents Mutual Legal Assistance Ancillary Relief Fraud and Misrepresentation Public Interest Immunity

Case Brief

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Parties

P (wife)

Applicant/claimant

P (husband)

Respondent/defendant

Secretary of State for the Home Department

Intervener

Crown Prosecution Service

Intervener

Procedural Posture

Family Law Ancillary Relief (financial Remedy) / Application for Disclosure in Set Aside Proceedings

Legal Issues

  1. 1 Whether documents obtained via mutual legal assistance (MLA) in criminal proceedings can be disclosed in related civil (family) proceedings
  2. 2 Whether section 9(2) of the Crime (International Co-operation) Act 2003 imposes an absolute bar on such disclosure absent consent of the overseas authority
  3. 3 How to balance the public interest in justice in family proceedings against the public interest in maintaining the integrity of the MLA regime

Ratio Decidendi

The court held that, bound by BOC Ltd v Instrument Technology Ltd, section 9(2) of the 2003 Act does not impose an absolute bar on disclosure of MLA material in civil (family) proceedings. The judge found that disclosure was necessary for the fair disposal of the wife's set-aside application and that, in the specific circumstances, the public interest in justice outweighed the potential harm to the MLA regime. Disclosure was ordered, subject to undertakings restricting use to the proceedings.

Court Disposition

Application for disclosure granted

Orders

  • The husband, via his criminal solicitors, is ordered to disclose the identified documents to the wife for use solely in the set-aside and ancillary relief proceedings.
  • If the husband's solicitors do not effect disclosure by a specified date, the Crown Prosecution Service is ordered to disclose the documents.