Tchenguiz & Anor v Rawlinson And Hunter Trustees SA & Ors

Tchenguiz & Anor v Rawlinson And Hunter Trustees SA & Ors

The Criminal Justice Act 1987 does not contain an express or implied prohibition preventing the Serious Fraud Office from disclosing documents obtained from third parties under section 2 notices in compliance with a court order for disclosure in civil proceedings.

Parties
Claimant: Robert Tchenguiz; Claimant: R20 Limited; Claimant: Rawlinson and Hunter Trustees SA; Claimant: Vincos Limited; Claimant: Euro Investments Overseas Inc; Claimant: Vincent Tchenguiz; Claimant: Amora Investments Limited; Defendant/applicant: Director of the Serious Fraud Office; Third Party Respondent: Deutsche Bank AG
Jurisdiction
England and Wales
Judgment Date
18 July 2013
Procedural Posture
Civil / Interlocutory Application for Declaration
Outcome
Declaration granted in favour of the SFO
Legal Topics
Disclosure, Confidentiality, Statutory Interpretation, Compulsory Powers, Duty of Confidence
Civil Procedure Criminal Law Disclosure Confidentiality Statutory Interpretation Compulsory Powers Duty of Confidence

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Parties

Robert Tchenguiz

Claimant

R20 Limited

Claimant

Rawlinson and Hunter Trustees SA

Claimant

Vincos Limited

Claimant

Euro Investments Overseas Inc

Claimant

Vincent Tchenguiz

Claimant

Amora Investments Limited

Claimant

Director of the Serious Fraud Office

Defendant/applicant

Deutsche Bank AG

Third Party Respondent

Procedural Posture

Civil / Interlocutory Application for Declaration

Legal Issues

  1. 1 Whether the Serious Fraud Office is prevented by the Criminal Justice Act 1987 from disclosing documents obtained from third parties under section 2 notices in civil proceedings

Ratio Decidendi

The Criminal Justice Act 1987 does not contain an express or implied prohibition preventing the Serious Fraud Office from disclosing documents obtained from third parties under section 2 notices in compliance with a court order for disclosure in civil proceedings.

Court Disposition

Declaration granted in favour of the SFO

Orders

  • Declaration that the SFO is not prevented by the provisions of the Criminal Justice Act 1987 from giving disclosure in this action of documents received from third parties in response to notices under section 2 of the CJA and permitting inspection of such disclosed documents.
  • Counsel to agree draft order including costs and consequential matters; failing agreement, court will address outstanding issues.