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)

The Criminal Justice Act 1987 does not contain an express or implied absolute prohibition preventing the Serious Fraud Office from disclosing documents obtained under section 2 notices in compliance with a court order for disclosure in civil proceedings. The duty of confidence is subject to the overriding requirements of justice and court orders, and the absence of an express statutory bar in the CJA distinguishes it from other statutes that do impose such bars.

Citation
[2013] EWHC 2128
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 Hearing
Outcome
Declaration granted in favour of the SFO
Legal Topics
Disclosure of Documents, Statutory Interpretation, Confidentiality, Compulsory Powers, Serious Fraud Office Powers
Civil Procedure Criminal Law Public Law Disclosure of Documents Statutory Interpretation Confidentiality Compulsory Powers Serious Fraud Office Powers

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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 Hearing

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

Ratio Decidendi

The Criminal Justice Act 1987 does not contain an express or implied absolute prohibition preventing the Serious Fraud Office from disclosing documents obtained under section 2 notices in compliance with a court order for disclosure in civil proceedings. The duty of confidence is subject to the overriding requirements of justice and court orders, and the absence of an express statutory bar in the CJA distinguishes it from other statutes that do impose such bars.

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.
  • Counsel to agree a draft order including costs and consequential matters; failing agreement, the court will resolve outstanding issues.