Memory Corporation Plc & Anor v Sidhu & Anor [1999] EWHC 849 (Ch) (03 November 1999)

Memory Corporation Plc & Anor v Sidhu & Anor [1999] EWHC 849 (Ch) (03 November 1999)

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

Citation
[1999] EWHC 849 (Ch)
Parties
First Defendant: Mr Sidhu; Claimant: Claimants
Jurisdiction
England and Wales
Judgment Date
03 November 1999
Procedural Posture
Civil / Interlocutory Application Regarding Privilege Against Self Incrimination During Cross Examination on Affidavit
Outcome
Privilege against self-incrimination is available to Mr Sidhu in respect of the risk of contempt proceedings in this 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

Mr Sidhu

First Defendant

Claimants

Claimant

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 the context of potential contempt proceedings in the same action.

Ratio Decidendi

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

Court Disposition

Privilege against self-incrimination is available to Mr Sidhu in respect of the risk of contempt proceedings in this action.

Orders

  • Mr Sidhu is entitled to claim the privilege against self-incrimination during cross-examination on affidavit regarding the risk of contempt proceedings in this action.