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 US Letter of Request for Mr Hussein's examination because the request was found to be oppressive. The allegations of fraud in the related Chancery proceedings were not sufficiently particularised against Mr Hussein for most of the transactions, mirroring the circumstances in First American where such requests were refused as oppressive. The court also found that requiring Mr Hussein to give evidence well ahead of disclosure and trial in the Chancery proceedings would place him at a substantial procedural disadvantage, breaching Article 6 ECHR. The court held that the burden on Mr Hussein outweighed the legitimate requirements of the foreign court.

Citation
[2016] EWHC 1942
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; Plaintiff (us Proceedings): MicroTech; Applicant/defendant and Plaintiffs in Counterclaim: The Autonomy Parties; Non Party/respondent: Mr Hussein; Advocate for Defendant: Theodor van Sante
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 for Examination of Non Party Witness
Outcome
Application refused
Legal Topics
Letters of Request, Oppression in Evidence Gathering, Privilege Against Self Incrimination, Article 6 ECHR Fair Trial, Comity, Discovery and Disclosure
Civil Procedure International Judicial Assistance Evidence Letters of Request Oppression in Evidence Gathering Privilege Against Self Incrimination Article 6 ECHR Fair Trial Comity +1 more

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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

MicroTech

Plaintiff (us Proceedings)

The Autonomy Parties

Applicant/defendant and Plaintiffs in Counterclaim

Mr Hussein

Non Party/respondent

Theodor van Sante

Advocate for Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the English court should give effect to a US Letter of Request for the examination of Mr Hussein as a non-party witness in US proceedings
  2. 2 Whether such an order would be oppressive to Mr Hussein
  3. 3 Whether the privilege against self-incrimination (Fifth Amendment) renders the examination pointless

Ratio Decidendi

The court refused to give effect to the US Letter of Request for Mr Hussein's examination because the request was found to be oppressive. The allegations of fraud in the related Chancery proceedings were not sufficiently particularised against Mr Hussein for most of the transactions, mirroring the circumstances in First American where such requests were refused as oppressive. The court also found that requiring Mr Hussein to give evidence well ahead of disclosure and trial in the Chancery proceedings would place him at a substantial procedural disadvantage, breaching Article 6 ECHR. The court held that the burden on Mr Hussein outweighed the legitimate requirements of the foreign court.

Court Disposition

Application refused

Orders

  • Order refusing to give effect to the US Letter of Request for examination of Mr Hussein.