Tchenguiz & Anor v Rawlinson And Hunter Trustees SA & Ors [2013] EWHC 2128 (QB) (18 July 2013)

Tchenguiz & Anor v Rawlinson And Hunter Trustees SA & Ors [2013] EWHC 2128 (QB) (18 July 2013)

There is no express or implied absolute bar in the Criminal Justice Act 1987 preventing the Serious Fraud Office from disclosing in civil proceedings documents obtained from third parties under section 2 notices, and the duty of confidence is subject to court order for disclosure.

Citation
[2013] EWHC 2128 (QB)
Parties
Claimant: Robert Tchenguiz; Claimant: R20 Limited; Claimant: Rawlinson and Hunter Trustees SA; Claimant: Vincos Limited; Claimant: Euro Investments Overseas Inc; Claimant: Vincent Tchenguiz; Claimant: Amora Investments Limited; Defendant/applicant: Director of the Serious Fraud Office; Third Party Respondent: Deutsche Bank AG
Jurisdiction
England and Wales
Judgment Date
18 July 2013
Procedural Posture
Civil / Interlocutory Application for Declaratory Relief Prior to Substantive Trial
Outcome
Declaration granted in favour of the SFO
Legal Topics
Disclosure of Documents, Statutory Interpretation, Confidentiality, Compulsory Powers of Investigation, Civil Litigation Procedure
Civil Procedure Criminal Law Public Law Disclosure of Documents Statutory Interpretation Confidentiality Compulsory Powers of Investigation Civil Litigation Procedure

Case Brief

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Parties

Robert Tchenguiz

Claimant

R20 Limited

Claimant

Rawlinson and Hunter Trustees SA

Claimant

Vincos Limited

Claimant

Euro Investments Overseas Inc

Claimant

Vincent Tchenguiz

Claimant

Amora Investments Limited

Claimant

Director of the Serious Fraud Office

Defendant/applicant

Deutsche Bank AG

Third Party Respondent

Procedural Posture

Civil / Interlocutory Application for Declaratory Relief Prior to Substantive Trial

Legal Issues

  1. 1 Whether the Serious Fraud Office is prevented by the Criminal Justice Act 1987 from disclosing documents obtained from third parties under section 2 notices in civil proceedings
  2. 2 Whether there is an absolute statutory bar to such disclosure

Ratio Decidendi

There is no express or implied absolute bar in the Criminal Justice Act 1987 preventing the Serious Fraud Office from disclosing in civil proceedings documents obtained from third parties under section 2 notices, and the duty of confidence is subject to court order for disclosure.

Court Disposition

Declaration granted in favour of the SFO

Orders

  • Declaration that the SFO is not prevented by the Criminal Justice Act 1987 from giving disclosure in this action of documents received from third parties in response to section 2 notices and permitting inspection of such disclosed documents.
  • Parties to agree a draft order on costs and consequential matters, failing which the court will determine outstanding issues.