Memory Corporation Plc, Datrontech Hong Kong Ltd v. Sukhbir Singh Sidhu, Sunsar Ltd [1999] EWHC Ch 197 (3rd November, 1999)

Memory Corporation Plc, Datrontech Hong Kong Ltd v. Sukhbir Singh Sidhu, Sunsar Ltd [1999] EWHC Ch 197 (3rd November, 1999)

The privilege against self-incrimination is available to a defendant ordered to attend cross-examination on affidavit in civil proceedings where there is a risk that answers may be used in contempt proceedings in the same action. There is no valid exception to the privilege in these circumstances, and older authorities suggesting otherwise are not good law.

Citation
[1999] EWHC Ch 197
Parties
Claimant: Claimants; First Defendant: Mr Sidhu; Second Defendant: Second Defendant
Jurisdiction
England and Wales
Procedural Posture
Civil / Interlocutory Application Regarding Privilege Against Self Incrimination During Cross Examination on Affidavit
Outcome
Privilege against self-incrimination is available; defendant entitled to claim privilege during cross-examination on affidavit in respect of risk of contempt proceedings in the same action.
Legal Topics
Privilege Against Self Incrimination, Cross Examination on Affidavit, Contempt of Court
Civil Procedure Evidence Privilege Against Self Incrimination Cross Examination on Affidavit Contempt of Court

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Parties

Claimants

Claimant

Mr Sidhu

First Defendant

Second Defendant

Second Defendant

Procedural Posture

Civil / Interlocutory Application Regarding Privilege Against Self Incrimination During Cross Examination on Affidavit

Legal Issues

  1. 1 Whether the privilege against self-incrimination can be claimed by a defendant ordered to attend cross-examination on affidavit in civil proceedings, specifically in relation to the risk of contempt proceedings arising from answers given.

Ratio Decidendi

The privilege against self-incrimination is available to a defendant ordered to attend cross-examination on affidavit in civil proceedings where there is a risk that answers may be used in contempt proceedings in the same action. There is no valid exception to the privilege in these circumstances, and older authorities suggesting otherwise are not good law.

Court Disposition

Privilege against self-incrimination is available; defendant entitled to claim privilege during cross-examination on affidavit in respect of risk of contempt proceedings in the same action.