Tchenguiz & Ors v The Serious Fraud Office

Tchenguiz & Ors v The Serious Fraud Office

Permission was granted for the use of the Guernsey Documents for legal advice purposes and for disclosure to Guernsey Counsel, but refused for their deployment in Guernsey court proceedings. The court held that, while there is a strong public interest in discovering the truth and the applicant's interests are seriously affected by the Guernsey proceedings, the countervailing public interest in maintaining the confidentiality of MLA materials and the integrity of international cooperation outweighed the applicant's interests. The court found the application to use the documents in Guernsey proceedings too broad and not justified by sufficiently cogent or special circumstances.

Parties
Claimant: Robert Tchenguiz; Claimant: R20 Limited; Claimant: Rawlinson & Hunter (in its capacities as trustee of the TDAT and NS One Trust); Defendant: The Serious Fraud Office; Intervenor: HM Procureur for Guernsey
Jurisdiction
England and Wales
Judgment Date
28 July 2014
Procedural Posture
Application / Ruling on Application for Permission to Use Disclosed Documents in Other Proceedings
Outcome
Application granted in part and refused in part
Legal Topics
Collateral Use of Disclosed Documents, Mutual Legal Assistance, Confidentiality of Evidence, CPR 31.22, Admission of Fresh Evidence on Appeal
Civil Procedure International Cooperation Trusts and Equity Collateral Use of Disclosed Documents Mutual Legal Assistance Confidentiality of Evidence CPR 31.22 Admission of Fresh Evidence on Appeal

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Parties

Robert Tchenguiz

Claimant

R20 Limited

Claimant

Rawlinson & Hunter (in its capacities as trustee of the TDAT and NS One Trust)

Claimant

The Serious Fraud Office

Defendant

HM Procureur for Guernsey

Intervenor

Procedural Posture

Application / Ruling on Application for Permission to Use Disclosed Documents in Other Proceedings

Legal Issues

  1. 1 Whether permission should be granted under CPR 31.22(1)(b) to use disclosed documents in Guernsey proceedings and for criminal advice purposes
  2. 2 Whether statutory restrictions under s9 of the Crime (International Co-operation) Act 2003 bar such use
  3. 3 How the court should exercise its discretion under CPR 31.22 in the context of international mutual legal assistance

Ratio Decidendi

Permission was granted for the use of the Guernsey Documents for legal advice purposes and for disclosure to Guernsey Counsel, but refused for their deployment in Guernsey court proceedings. The court held that, while there is a strong public interest in discovering the truth and the applicant's interests are seriously affected by the Guernsey proceedings, the countervailing public interest in maintaining the confidentiality of MLA materials and the integrity of international cooperation outweighed the applicant's interests. The court found the application to use the documents in Guernsey proceedings too broad and not justified by sufficiently cogent or special circumstances.

Court Disposition

Application granted in part and refused in part

Orders

  • Permission granted for Stephenson Harwood LLP to give the Guernsey Documents to Guernsey Counsel for legal advice purposes
  • Permission granted for Stephenson Harwood LLP to give the Guernsey Documents to Criminal Counsel for advice on potential criminal offences