C Plc v P & Anor [2007] EWCA Civ 493 (22 May 2007)

C Plc v P & Anor [2007] EWCA Civ 493 (22 May 2007)

The privilege against self-incrimination does not prevent the disclosure to the police of incriminating material discovered during the execution of a civil search order, as such material constitutes independent evidence and not compelled testimony. The privilege is concerned with protecting individuals from being compelled to testify against themselves, not with shielding pre-existing evidence from disclosure. The court's discretion should be exercised to allow such disclosure, and practical considerations reinforce this approach.

Citation
[2007] EWCA Civ 493
Parties
Applicant: C Plc; Respondent/appellant: P; Intervenor/respondent: Attorney General
Jurisdiction
England and Wales
Judgment Date
22 May 2007
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Privilege Against Self Incrimination, Search Orders (anton Piller Orders), Disclosure of Evidence, Admissibility of Evidence, Section 72 Supreme Court Act 1981, Article 6 ECHR
Civil Procedure Criminal Law Human Rights Privilege Against Self Incrimination Search Orders (anton Piller Orders) Disclosure of Evidence Admissibility of Evidence Section 72 Supreme Court Act 1981 +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 21 Party arguments 2
Sign in to unlock

Parties

C Plc

Applicant

P

Respondent/appellant

Attorney General

Intervenor/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Does the privilege against self-incrimination prevent disclosure to the police of incriminating material discovered during execution of a civil search order?
  2. 2 Is there a distinction between compelled testimony and independent evidence in the context of privilege?
  3. 3 Should the court exercise discretion to permit disclosure of such material to the police?

Ratio Decidendi

The privilege against self-incrimination does not prevent the disclosure to the police of incriminating material discovered during the execution of a civil search order, as such material constitutes independent evidence and not compelled testimony. The privilege is concerned with protecting individuals from being compelled to testify against themselves, not with shielding pre-existing evidence from disclosure. The court's discretion should be exercised to allow such disclosure, and practical considerations reinforce this approach.

Court Disposition

Appeal dismissed

Orders

  • Order of the High Court (Evans-Lombe J) upheld permitting disclosure of the offending material to the police.