Omers Administration Corporation & Ors v Tesco Plc

Omers Administration Corporation & Ors v Tesco Plc

The overriding objective of a fair trial and proportionality requires disclosure of the SFO Documents to the claimants, as they are likely to confer litigious advantage and are necessary for the fair disposition of the proceedings. Generic or unparticularised objections based on confidentiality or compulsion do not outweigh the interests of justice, but reasonable protective measures may be imposed to mitigate privacy concerns.

Parties
Claimant: OMERS Administration Corporation & Ors; Claimant: Manning & Napier Fund, Inc.; Claimant: Exeter Trust Company; Defendant: Tesco PLC; Interested Party: Serious Fraud Office
Jurisdiction
England and Wales
Judgment Date
25 January 2019
Procedural Posture
Civil Claim / Final Judgment on Disclosure Objections
Outcome
Objections to disclosure overruled; disclosure of SFO Documents ordered subject to protective measures.
Legal Topics
Disclosure of Documents, Confidentiality, Compelled Evidence, Deferred Prosecution Agreement, Litigation Privilege, Human Rights (privacy)
Civil Procedure Financial Services Law Evidence Disclosure of Documents Confidentiality Compelled Evidence Deferred Prosecution Agreement Litigation Privilege +1 more

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Parties

OMERS Administration Corporation & Ors

Claimant

Manning & Napier Fund, Inc.

Claimant

Exeter Trust Company

Claimant

Tesco PLC

Defendant

Serious Fraud Office

Interested Party

Procedural Posture

Civil Claim / Final Judgment on Disclosure Objections

Legal Issues

  1. 1 Should SFO Documents obtained under compulsion and subject to confidentiality be disclosed to claimants in civil proceedings?
  2. 2 What restrictions, if any, should be imposed on their use and retention?
  3. 3 How should objections by third parties be weighed against the interests of justice and fair trial?

Ratio Decidendi

The overriding objective of a fair trial and proportionality requires disclosure of the SFO Documents to the claimants, as they are likely to confer litigious advantage and are necessary for the fair disposition of the proceedings. Generic or unparticularised objections based on confidentiality or compulsion do not outweigh the interests of justice, but reasonable protective measures may be imposed to mitigate privacy concerns.

Court Disposition

Objections to disclosure overruled; disclosure of SFO Documents ordered subject to protective measures.

Orders

  • SFO Documents to be disclosed to claimants' lawyers within confidentiality club.
  • TPOs permitted limited time to propose specific redactions for private/sensitive material.