Gilani v Saddiq & Ors

Gilani v Saddiq & Ors

Permission is granted because the public interest in the effective prosecution of serious crime outweighs any speculative or unsubstantiated risk of injustice to the defendants, who did not seek safeguards or claim privilege during disclosure and expressly opposed a stay of civil proceedings. The documents are closely related to the facts in issue in both proceedings, and any argument about unfairness or relevance is for the criminal court.

Parties
Claimant: Seyed Kamaleddin Nejati Gilani; Defendant: Mohammed Johngir Saddiq; Defendant: Babar Saddiq; Defendant: Dobhai (Holdings) Ltd; Defendant: MW Retail Brands Ltd; Defendant: Wauheed Johngir; Defendant: Muhammed Waqaas Babar
Jurisdiction
England and Wales
Judgment Date
13 November 2018
Procedural Posture
Civil Application / Application for Permission to Use Disclosed Documents in Criminal Proceedings
Outcome
Permission granted
Legal Topics
Disclosure of Documents, Collateral Use of Disclosed Documents, Permission Under CPR 31.22, Parallel Civil and Criminal Proceedings
Civil Procedure Criminal Law Disclosure of Documents Collateral Use of Disclosed Documents Permission Under CPR 31.22 Parallel Civil and Criminal Proceedings

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Parties

Seyed Kamaleddin Nejati Gilani

Claimant

Mohammed Johngir Saddiq

Defendant

Babar Saddiq

Defendant

Dobhai (Holdings) Ltd

Defendant

MW Retail Brands Ltd

Defendant

Wauheed Johngir

Defendant

Muhammed Waqaas Babar

Defendant

Procedural Posture

Civil Application / Application for Permission to Use Disclosed Documents in Criminal Proceedings

Legal Issues

  1. 1 Whether permission should be granted under CPR 31.22 to use documents disclosed in civil proceedings as evidence in related criminal proceedings

Ratio Decidendi

Permission is granted because the public interest in the effective prosecution of serious crime outweighs any speculative or unsubstantiated risk of injustice to the defendants, who did not seek safeguards or claim privilege during disclosure and expressly opposed a stay of civil proceedings. The documents are closely related to the facts in issue in both proceedings, and any argument about unfairness or relevance is for the criminal court.

Court Disposition

Permission granted

Orders

  • Permission is granted under CPR 31.22 for the claimant to use the disclosed documents as evidence in the related criminal proceedings.