V v C [2001] EWCA Civ 1509 (16 October 2001)

V v C [2001] EWCA Civ 1509 (16 October 2001)

The privilege against self-incrimination does not entitle a defendant to resist summary judgment or to stay civil proceedings; it is a privilege against compulsion to provide evidence or information, not a right to avoid pleading a defence. The court retains discretion to stay or adjourn proceedings if justice so requires, but no such circumstances were established here. The defendant failed to demonstrate a real prospect of successfully defending the claim, and the impact on any criminal trial from entering judgment was minimal.

Citation
[2001] EWCA Civ 1509
Parties
Claimant/respondent: V; Appellant/defendant: C (Mr Clough)
Jurisdiction
England and Wales
Judgment Date
16 October 2001
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Privilege Against Self Incrimination, Summary Judgment, Stay of Proceedings, Breach of Fiduciary Duty, Damages Assessment
Civil Procedure Evidence Company Law Privilege Against Self Incrimination Summary Judgment Stay of Proceedings Breach of Fiduciary Duty Damages Assessment

Case Brief

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Parties

V

Claimant/respondent

C (Mr Clough)

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the privilege against self-incrimination entitles a defendant to resist summary judgment or stay civil proceedings pending criminal proceedings
  2. 2 Whether the invocation of privilege in a defence is a valid basis to prevent summary judgment
  3. 3 Whether the court should exercise its discretion to stay or adjourn civil proceedings due to concurrent or pending criminal proceedings

Ratio Decidendi

The privilege against self-incrimination does not entitle a defendant to resist summary judgment or to stay civil proceedings; it is a privilege against compulsion to provide evidence or information, not a right to avoid pleading a defence. The court retains discretion to stay or adjourn proceedings if justice so requires, but no such circumstances were established here. The defendant failed to demonstrate a real prospect of successfully defending the claim, and the impact on any criminal trial from entering judgment was minimal.

Court Disposition

Appeal dismissed

Orders

  • First Defendant's appeal dismissed
  • Costs of appeal to be paid by First Defendant to Claimant, subject to detailed assessment on standard basis