United States of America v Philip Morris Inc. & Ors

United States of America v Philip Morris Inc. & Ors

The court will order the examination of Mr. Foyle as privilege does not bar all questioning and objections can be raised as specific questions are asked; the application is not refused on grounds of privilege or oppression. The court will not order the examination of Mr. Broughton because the letter of request is impermissibly broad, investigatory, and oppressive, and cannot be appropriately limited by the court.

Parties
Claimant: United States of America; Defendants: Philip Morris Inc. and others; Intervener: British American Tobacco (Investments) Limited; Witness: Mr. Andrew Foyle; Witness: Mr. Martin Broughton
Jurisdiction
England and Wales
Judgment Date
10 December 2003
Procedural Posture
Application for Orders for Examination of Witnesses Pursuant to Letters of Request in Foreign Proceedings / Ruling on Applications for Examination of Witnesses
Outcome
Application for examination of Mr. Foyle granted with directions; application for examination of Mr. Broughton refused.
Legal Topics
Letters of Request, Legal Professional Privilege, Litigation Privilege, Waiver of Privilege, Crime Fraud Exception, Oppression in Examination of Witnesses
Civil Procedure Evidence Privilege Letters of Request Legal Professional Privilege Litigation Privilege Waiver of Privilege Crime Fraud Exception +1 more

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Parties

United States of America

Claimant

Philip Morris Inc. and others

Defendants

British American Tobacco (Investments) Limited

Intervener

Mr. Andrew Foyle

Witness

Mr. Martin Broughton

Witness

Procedural Posture

Application for Orders for Examination of Witnesses Pursuant to Letters of Request in Foreign Proceedings / Ruling on Applications for Examination of Witnesses

Legal Issues

  1. 1 Whether orders should be made for the examination of Mr. Foyle and Mr. Broughton under letters of request from the United States District Court for the District of Columbia
  2. 2 Whether legal professional privilege or litigation privilege prevents such examination
  3. 3 Whether the scope of the proposed examination is oppressive or impermissibly investigatory

Ratio Decidendi

The court will order the examination of Mr. Foyle as privilege does not bar all questioning and objections can be raised as specific questions are asked; the application is not refused on grounds of privilege or oppression. The court will not order the examination of Mr. Broughton because the letter of request is impermissibly broad, investigatory, and oppressive, and cannot be appropriately limited by the court.

Court Disposition

Application for examination of Mr. Foyle granted with directions; application for examination of Mr. Broughton refused.

Orders

  • Order for examination of Mr. Foyle to be conducted by English counsel before a judge of the court, with directions for advance identification of questions and documents.
  • BATCo permitted to attend and raise objections during Mr. Foyle's examination.