Microtechnologies, Llc v Autonomy, Inc (aka HP Autonomy) [2016] EWHC 1942 (QB) (26 July 2016)

Microtechnologies, Llc v Autonomy, Inc (aka HP Autonomy) [2016] EWHC 1942 (QB) (26 July 2016)

The court refused to give effect to the Letter of Request because requiring Mr Hussein to be examined on the nine MicroTech transactions, most of which are not properly particularised as to his alleged involvement, would be oppressive and unfair. The burden on Mr Hussein outweighs the legitimate requirements of the foreign court, especially in the absence of undertakings that the evidence would not be used in related UK or US civil proceedings. The order would also breach Mr Hussein's Article 6 ECHR rights by placing him at a procedural disadvantage in the Chancery proceedings.

Citation
[2016] EWHC 1942 (QB)
Parties
Plaintiff: MicroTechnologies, LLC; Defendant and Plaintiff in Counterclaim: Autonomy, Inc (a/k/a HP Autonomy); Defendant and Plaintiff in Counterclaim: Autonomy Systems Limited; Non Party: Sushovan Tareque Hussein
Jurisdiction
England and Wales
Judgment Date
26 July 2016
Procedural Posture
Application Under Evidence (proceedings in Other Jurisdictions) Act 1975 / Hague Convention / Judgment on Application to Give Effect to US Letter of Request
Outcome
Application refused
Legal Topics
Letters of Request, Evidence, Oppression, Privilege Against Self Incrimination, Article 6 ECHR, Comity
Civil Procedure International Judicial Assistance Letters of Request Evidence Oppression Privilege Against Self Incrimination Article 6 ECHR Comity

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Parties

MicroTechnologies, LLC

Plaintiff

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

Defendant and Plaintiff in Counterclaim

Autonomy Systems Limited

Defendant and Plaintiff in Counterclaim

Sushovan Tareque Hussein

Non Party

Procedural Posture

Application Under Evidence (proceedings in Other Jurisdictions) Act 1975 / Hague Convention / Judgment on Application to Give Effect to US Letter of Request

Legal Issues

  1. 1 Whether the English court should give effect to a US Letter of Request for the examination of Mr Hussein
  2. 2 Whether such an order would be oppressive or unfair to Mr Hussein
  3. 3 Whether privilege against self-incrimination or Article 6 ECHR rights preclude the order

Ratio Decidendi

The court refused to give effect to the Letter of Request because requiring Mr Hussein to be examined on the nine MicroTech transactions, most of which are not properly particularised as to his alleged involvement, would be oppressive and unfair. The burden on Mr Hussein outweighs the legitimate requirements of the foreign court, especially in the absence of undertakings that the evidence would not be used in related UK or US civil proceedings. The order would also breach Mr Hussein's Article 6 ECHR rights by placing him at a procedural disadvantage in the Chancery proceedings.

Court Disposition

Application refused

Orders

  • Order sought by the Autonomy Parties to give effect to the US Letter of Request is refused.