ACL Netherlands BV & Ors v Lynch & Anor [2019] EWHC 249 (Ch) (12 February 2019)

ACL Netherlands BV & Ors v Lynch & Anor [2019] EWHC 249 (Ch) (12 February 2019)

The court refused permission for collateral use of disclosed documents and witness statements to comply with the US Subpoena, holding that compulsion by foreign subpoena does not automatically constitute cogent and persuasive reason, the Applicants failed to demonstrate immediate necessity, and there was risk of injustice and prejudice to the Defendants, especially given the imminent trial and the broad, untargeted scope of the US Subpoena.

Citation
[2019] EWHC 249 (Ch)
Parties
Claimant: ACL Netherlands BV; Claimant: Hewlett-Packard The Hague BV; Claimant: Autonomy Systems Limited; Claimant: Hewlett-Packard Enterprise New Jersey Inc; Defendant: Michael Richard Lynch; Defendant: Sushovan Tareque Hussain
Jurisdiction
England and Wales
Judgment Date
12 February 2019
Procedural Posture
Application for Permission to Disclose Documents and Witness Statements / Interlocutory Judgment on Application
Outcome
Application refused
Legal Topics
Collateral Use of Disclosed Documents, Disclosure Restrictions, Foreign Subpoenas, Public Interest in Criminal Investigation, Privilege and Prejudice
Civil Procedure International Law Criminal Law Collateral Use of Disclosed Documents Disclosure Restrictions Foreign Subpoenas Public Interest in Criminal Investigation Privilege and Prejudice

Case Brief

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Parties

ACL Netherlands BV

Claimant

Hewlett-Packard The Hague BV

Claimant

Autonomy Systems Limited

Claimant

Hewlett-Packard Enterprise New Jersey Inc

Claimant

Michael Richard Lynch

Defendant

Sushovan Tareque Hussain

Defendant

Procedural Posture

Application for Permission to Disclose Documents and Witness Statements / Interlocutory Judgment on Application

Legal Issues

  1. 1 Whether the court should grant permission for collateral use of disclosed documents and witness statements to comply with a US Grand Jury subpoena
  2. 2 Whether compulsion by foreign subpoena constitutes cogent and persuasive reason for permission
  3. 3 Whether release would occasion injustice to the disclosing party

Ratio Decidendi

The court refused permission for collateral use of disclosed documents and witness statements to comply with the US Subpoena, holding that compulsion by foreign subpoena does not automatically constitute cogent and persuasive reason, the Applicants failed to demonstrate immediate necessity, and there was risk of injustice and prejudice to the Defendants, especially given the imminent trial and the broad, untargeted scope of the US Subpoena.

Court Disposition

Application refused

Orders

  • Permission to disclose documents and witness statements to the FBI pursuant to the US Subpoena is denied