Metropolitan Housing Trust Ltd v Tominey

Metropolitan Housing Trust Ltd v Tominey

The claimant is permitted to disclose information obtained under court orders to its Regulator and the Police, as regulatory and statutory obligations require full and frank reporting, and no privilege or unfairness prevents such disclosure.

Parties
Claimant/applicant: Metropolitan Housing Trust Ltd.; Defendant/respondent: Bernard Christopher Tominey; Defendant/respondent: Jack Tominey; Defendant/respondent: Procurematrix Ltd.; Defendant/respondent: Commark Ltd.; Defendant/respondent: Business Phones and Networks Ltd.; Defendant/respondent: Fourth, Eighth and Ninth Respondents/Defendants
Jurisdiction
England and Wales
Judgment Date
26 November 2012
Procedural Posture
Civil / Interlocutory Application for Permission to Disclose Information Obtained Under Freezing and Disclosure Orders
Outcome
application granted
Legal Topics
Freezing Orders, Disclosure Orders, Regulatory Reporting, Privilege Against Self Incrimination, Costs
Civil Procedure Regulatory Law Fraud Freezing Orders Disclosure Orders Regulatory Reporting Privilege Against Self Incrimination Costs

Case Brief

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Parties

Metropolitan Housing Trust Ltd.

Claimant/applicant

Bernard Christopher Tominey

Defendant/respondent

Jack Tominey

Defendant/respondent

Procurematrix Ltd.

Defendant/respondent

Commark Ltd.

Defendant/respondent

Business Phones and Networks Ltd.

Defendant/respondent

Fourth, Eighth and Ninth Respondents/Defendants

Defendant/respondent

Procedural Posture

Civil / Interlocutory Application for Permission to Disclose Information Obtained Under Freezing and Disclosure Orders

Legal Issues

  1. 1 Whether the claimant may disclose information obtained under court orders to the Regulator and Police
  2. 2 Whether privilege against self-incrimination or oppression/unfairness prevents such disclosure
  3. 3 Whether costs should be awarded for the application

Ratio Decidendi

The claimant is permitted to disclose information obtained under court orders to its Regulator and the Police, as regulatory and statutory obligations require full and frank reporting, and no privilege or unfairness prevents such disclosure.

Court Disposition

application granted

Orders

  • Claimant permitted to disclose information obtained under court orders to the Regulator and Police.
  • Claimant awarded costs against first, fifth and tenth defendants in any event; costs vis-a-vis Mr. Zaman reserved until his substantive application is heard.