Kensington International Ltd.v Republic of the Congo

Kensington International Ltd.v Republic of the Congo

Section 13 of the Fraud Act 2006 applies to these proceedings, abrogating the privilege against self-incrimination for the identified corruption offences, as the proceedings are 'relating to property' and the offences are 'related offences.' The Third Parties must provide the disclosure sought, with the protection that such statements are inadmissible in criminal proceedings.

Parties
Claimant: Kensington International Limited; Defendant/judgment Debtor: The Republic of the Congo (formerly The People’s Republic of the Congo); Third Party: Vitol Services Limited; Third Party: Vitol Broking Limited; Third Party: Gilles Chautard; Third Party: Shlomo (SAM) Lambroza
Jurisdiction
England and Wales
Judgment Date
13 July 2007
Procedural Posture
Civil Commercial Application / Ruling on Application for Disclosure and Privilege Against Self Incrimination
Outcome
Application granted
Legal Topics
Privilege Against Self Incrimination, Norwich Pharmacal Orders, Bribery and Corruption, Fraud Act 2006, Extra Territorial Criminal Liability, Disclosure of Documents
Civil Procedure Commercial Law Evidence Privilege Against Self Incrimination Norwich Pharmacal Orders Bribery and Corruption Fraud Act 2006 Extra Territorial Criminal Liability +1 more

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Parties

Kensington International Limited

Claimant

The Republic of the Congo (formerly The People’s Republic of the Congo)

Defendant/judgment Debtor

Vitol Services Limited

Third Party

Vitol Broking Limited

Third Party

Gilles Chautard

Third Party

Shlomo (SAM) Lambroza

Third Party

Procedural Posture

Civil Commercial Application / Ruling on Application for Disclosure and Privilege Against Self Incrimination

Legal Issues

  1. 1 Whether the Third Parties can claim privilege against self-incrimination to resist disclosure under a Norwich Pharmacal order
  2. 2 Whether the privilege extends to directors/employees to protect company privilege
  3. 3 Whether s.13 of the Fraud Act 2006 abrogates the privilege in these proceedings

Ratio Decidendi

Section 13 of the Fraud Act 2006 applies to these proceedings, abrogating the privilege against self-incrimination for the identified corruption offences, as the proceedings are 'relating to property' and the offences are 'related offences.' The Third Parties must provide the disclosure sought, with the protection that such statements are inadmissible in criminal proceedings.

Court Disposition

Application granted

Orders

  • Third Parties to provide disclosure sought in Schedule A to the 2nd February order, subject to the protection of s.13 Fraud Act 2006
  • Peripheral categories of documents not giving rise to risk of self-incrimination must be disclosed if they exist, with any statement of non-existence to be made by affidavit