Compagnie Des Grands Hotels D'Afrique SA v Purdy & Anor [2021] EWHC 1031 (QB) (23 April 2021)

Compagnie Des Grands Hotels D'Afrique SA v Purdy & Anor [2021] EWHC 1031 (QB) (23 April 2021)

The Senior Master did not err in law or principle. The law does not require the elimination of all risk of oppression or an absolute privilege against self-incrimination in respect of foreign proceedings. The protections offered (Protective Order and undertakings) sufficiently alleviated the risk of oppression to a sensible and acceptable degree. The balancing exercise between the interests of the requesting court and the witness was properly conducted. The appeal is dismissed.

Citation
[2021] EWHC 1031 (QB)
Parties
Respondent / Appellant and Cross Appellant / Applicant: Compagnie des Grands Hôtels d'Afrique S.A.; Appellant and Respondent to Cross Appeal / Respondent: Sarah Purdy; Respondent / Respondent: Maquay Investments Limited
Jurisdiction
England and Wales
Judgment Date
23 April 2021
Procedural Posture
Appeal (high Court, Queen's Bench Division) / Judgment on Appeal and Cross Appeal
Outcome
Appeal dismissed; cross-appeal on costs dismissed.
Legal Topics
Privilege Against Self Incrimination, Oppression in Evidence Orders, Comity and Letters of Request, Article 6 ECHR, Costs Orders
Civil Procedure International Judicial Assistance Human Rights Privilege Against Self Incrimination Oppression in Evidence Orders Comity and Letters of Request Article 6 ECHR Costs Orders

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Parties

Compagnie des Grands Hôtels d'Afrique S.A.

Respondent / Appellant and Cross Appellant / Applicant

Sarah Purdy

Appellant and Respondent to Cross Appeal / Respondent

Maquay Investments Limited

Respondent / Respondent

Procedural Posture

Appeal (high Court, Queen's Bench Division) / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the Deposition Order compelling Ms Purdy to give evidence for use in US proceedings should be set aside due to risk of oppression and breach of Article 6 ECHR rights, given the existence of a related Moroccan criminal complaint and investigation.
  2. 2 Whether the protections offered (Protective Order and undertakings) sufficiently alleviate the risk of oppression and misuse of compelled evidence in Morocco.
  3. 3 Whether the costs order against CGHA was appropriate.

Ratio Decidendi

The Senior Master did not err in law or principle. The law does not require the elimination of all risk of oppression or an absolute privilege against self-incrimination in respect of foreign proceedings. The protections offered (Protective Order and undertakings) sufficiently alleviated the risk of oppression to a sensible and acceptable degree. The balancing exercise between the interests of the requesting court and the witness was properly conducted. The appeal is dismissed.

Court Disposition

Appeal dismissed; cross-appeal on costs dismissed.

Orders

  • The appeal against the Deposition Order is dismissed.
  • The cross-appeal by CGHA on costs is dismissed.