Crown Prosecution Service & Ors v Gohil [2012] EWCA Civ 1550 (26 November 2012)

Crown Prosecution Service & Ors v Gohil [2012] EWCA Civ 1550 (26 November 2012)

Section 9(2) of the Crime (International Co-operation) Act 2003 prohibits use and disclosure of evidence obtained via international request for any purpose other than that specified in the request, including civil proceedings, unless the requested authority consents. The previous Court of Appeal decision in BOC Limited v Instrument Technology Limited was reached per incuriam and is not binding. The judge's order for disclosure was unlawful.

Citation
[2012] EWCA Civ 1550
Parties
First Appellant: Crown Prosecution Service; Second Appellant: Secretary of State for the Home Department; First Respondent: Varsha Bhadresh Gohil; Second Respondent: Bhadresh Babulal Gohil
Jurisdiction
England and Wales
Judgment Date
26 November 2012
Procedural Posture
Appeal / Court of Appeal (civil Division) Judgment
Outcome
Appeal allowed
Legal Topics
Disclosure of Evidence, International Mutual Legal Assistance, Statutory Interpretation, Ancillary Relief, Fraud and Misrepresentation
Family Law Criminal Law International Law Disclosure of Evidence International Mutual Legal Assistance Statutory Interpretation Ancillary Relief Fraud and Misrepresentation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Crown Prosecution Service

First Appellant

Secretary of State for the Home Department

Second Appellant

Varsha Bhadresh Gohil

First Respondent

Bhadresh Babulal Gohil

Second Respondent

Procedural Posture

Appeal / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether section 9(2) of the Crime (International Co-operation) Act 2003 prohibits use of evidence obtained via international request in family proceedings
  2. 2 Whether previous Court of Appeal decision (BOC Limited v Instrument Technology Limited) is binding
  3. 3 Interpretation of statutory prohibition on use of evidence

Ratio Decidendi

Section 9(2) of the Crime (International Co-operation) Act 2003 prohibits use and disclosure of evidence obtained via international request for any purpose other than that specified in the request, including civil proceedings, unless the requested authority consents. The previous Court of Appeal decision in BOC Limited v Instrument Technology Limited was reached per incuriam and is not binding. The judge's order for disclosure was unlawful.

Court Disposition

Appeal allowed

Orders

  • Order of Moylan J set aside
  • Disclosure of documents obtained via international request prohibited unless consent from requested authority is obtained