C Plc v P & Anor

C Plc v P & Anor

The privilege against self-incrimination does not apply to independent evidence, such as pre-existing incriminating material found during the execution of a search order. Such material is not compelled testimony and may be disclosed to the police. The appeal is dismissed and the order permitting disclosure is upheld.

Parties
Applicant: C Plc; Respondent: 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), Disclosure of Evidence, Independent Evidence, Human Rights Act 1998
Civil Procedure Evidence Human Rights Privilege Against Self Incrimination Search Orders (anton Piller) Disclosure of Evidence Independent Evidence Human Rights Act 1998

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Parties

C Plc

Applicant

P

Respondent

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 found during execution of a search order in civil proceedings?
  2. 2 Is there a distinction between compelled testimony and independent evidence in the context of privilege against self-incrimination?

Ratio Decidendi

The privilege against self-incrimination does not apply to independent evidence, such as pre-existing incriminating material found during the execution of a search order. Such material is not compelled testimony and may be disclosed to the police. The appeal is dismissed and the order permitting disclosure is upheld.

Court Disposition

Appeal dismissed

Orders

  • Order of the High Court permitting disclosure of the offending material to the police is upheld.