Versloot Dredging BV v HDI Gerling Industrie Versicherung Ag & Ors [2013] EWHC 581 (Comm) (08 February 2013)

Versloot Dredging BV v HDI Gerling Industrie Versicherung Ag & Ors [2013] EWHC 581 (Comm) (08 February 2013)

It is not unlawful or contemptuous for a party or its solicitors to advise a witness not to disclose privileged or confidential information, but it is improper to instruct or pressure a witness not to be interviewed by the opposing party or to suggest that consent is required. The witness is free to choose whether to be interviewed, subject to not disclosing privileged/confidential matters. No injunctive relief is warranted as there is no real prospect of future unlawful interference by the defendants.

Citation
[2013] EWHC 581 (Comm)
Parties
Claimant: Versloot Dredging BV; Defendants: HDI Gerling Industrie Versicherung AG & 6 Others
Jurisdiction
England and Wales
Judgment Date
08 February 2013
Procedural Posture
Application for Injunction (interlocutory Relief) / High Court (commercial Court) Judgment
Outcome
Application for injunction refused
Legal Topics
Witness Access, Privilege, Contempt of Court, Interference With Witnesses, No Property in a Witness, Confidentiality
Civil Procedure Insurance Law Witness Access Privilege Contempt of Court Interference With Witnesses No Property in a Witness Confidentiality

Case Brief

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Parties

Versloot Dredging BV

Claimant

HDI Gerling Industrie Versicherung AG & 6 Others

Defendants

Procedural Posture

Application for Injunction (interlocutory Relief) / High Court (commercial Court) Judgment

Legal Issues

  1. 1 Whether defendants unlawfully interfered with claimants' access to a material witness (Mr Gravendeel)
  2. 2 Whether instructing a witness not to communicate with the opposing party amounts to contempt or improper interference
  3. 3 Scope of 'no property in a witness' rule and its limits regarding privilege/confidentiality

Ratio Decidendi

It is not unlawful or contemptuous for a party or its solicitors to advise a witness not to disclose privileged or confidential information, but it is improper to instruct or pressure a witness not to be interviewed by the opposing party or to suggest that consent is required. The witness is free to choose whether to be interviewed, subject to not disclosing privileged/confidential matters. No injunctive relief is warranted as there is no real prospect of future unlawful interference by the defendants.

Court Disposition

Application for injunction refused

Orders

  • No injunctive relief granted against defendants
  • Clarification of witness's rights and obligations regarding interviews and privilege