Autonomy, Inc (aka HP Autonomy) & Anor v Hussain

Autonomy, Inc (aka HP Autonomy) & Anor v Hussain

The ability of Mr Hussain to invoke Fifth Amendment privilege neutralises any oppression arising from the examination; the examination is not pointless as it cannot be ruled out that Mr Hussain will answer some questions; an order for examination does not breach Article 6 ECHR; the Senior Master erred in principle and the appeal is allowed.

Parties
Plaintiff: MicroTechnologies, LLC; Defendant/counterclaimant/appellant: Autonomy, Inc (a/k/a HP Autonomy); Defendant/counterclaimant/appellant: Autonomy Systems Limited; Non Party/respondent: Mr Sushovan Tareque Hussain
Jurisdiction
England and Wales
Judgment Date
16 December 2016
Procedural Posture
Appeal / Judgment on Appeal Against Refusal to Order Examination Under Evidence (proceedings in Other Jurisdictions) Act 1975
Outcome
Appeal allowed
Legal Topics
Evidence Abroad, Privilege Against Self Incrimination, Oppression, Article 6 ECHR, Letters of Request, Hague Evidence Convention
Civil Procedure International Judicial Assistance Evidence Abroad Privilege Against Self Incrimination Oppression Article 6 ECHR Letters of Request Hague Evidence Convention

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Parties

MicroTechnologies, LLC

Plaintiff

Autonomy, Inc (a/k/a HP Autonomy)

Defendant/counterclaimant/appellant

Autonomy Systems Limited

Defendant/counterclaimant/appellant

Mr Sushovan Tareque Hussain

Non Party/respondent

Procedural Posture

Appeal / Judgment on Appeal Against Refusal to Order Examination Under Evidence (proceedings in Other Jurisdictions) Act 1975

Legal Issues

  1. 1 Whether examination of Mr Hussain under a letter of request from US court would be oppressive
  2. 2 Whether Fifth Amendment privilege neutralises oppression
  3. 3 Whether examination would be pointless if privilege invoked

Ratio Decidendi

The ability of Mr Hussain to invoke Fifth Amendment privilege neutralises any oppression arising from the examination; the examination is not pointless as it cannot be ruled out that Mr Hussain will answer some questions; an order for examination does not breach Article 6 ECHR; the Senior Master erred in principle and the appeal is allowed.

Court Disposition

Appeal allowed

Orders

  • Order for examination of Mr Hussain under Evidence (Proceedings in Other Jurisdictions) Act 1975 to be made; submissions to be heard on precise terms of order.