Standard Life Assurance Ltd & Anor v Topland Col Ltd & Ors (Rev 1) [2010] EWHC 1781 (Ch) (16 July 2010)

Standard Life Assurance Ltd & Anor v Topland Col Ltd & Ors (Rev 1) [2010] EWHC 1781 (Ch) (16 July 2010)

There is no implied undertaking to the court restricting the use of documents disclosed by the SFO under its statutory powers outside criminal proceedings, and use of such documents by Standard Life in civil proceedings does not constitute an abuse of process or contempt of court. Any restriction on use of confidential information should be addressed by injunctive relief, not by striking out the claim.

Citation
[2010] EWHC 1781 (Ch)
Parties
Claimant: Standard Life Assurance Limited; Claimant: The Standard Life Assurance Company 2006; Defendant: Topland Col Limited; Defendant: LSM Professional Limited; Defendant: Topland Group PLC
Jurisdiction
England and Wales
Judgment Date
16 July 2010
Procedural Posture
Civil / Interlocutory Applications (strike Out, Injunction, Summary Judgment, Permission to Use Documents)
Outcome
Topland's application to strike out the claim and for summary judgment is dismissed. Injunctive relief to restrain use of confidential information is to be considered separately. Standard Life's application for permission to use SFO documents is granted to the extent necessary.
Legal Topics
Abuse of Process, Implied Undertaking, Use of Compelled Documents, Disclosure, Injunctive Relief
Civil Procedure Confidentiality Commercial Law Abuse of Process Implied Undertaking Use of Compelled Documents Disclosure Injunctive Relief

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Parties

Standard Life Assurance Limited

Claimant

The Standard Life Assurance Company 2006

Claimant

Topland Col Limited

Defendant

LSM Professional Limited

Defendant

Topland Group PLC

Defendant

Procedural Posture

Civil / Interlocutory Applications (strike Out, Injunction, Summary Judgment, Permission to Use Documents)

Legal Issues

  1. 1 Whether use of documents disclosed by the SFO under statutory powers in civil proceedings constitutes an abuse of process or contempt of court
  2. 2 Whether an implied undertaking to the court arises in respect of such documents
  3. 3 Whether injunctive relief should be granted to restrain use of allegedly confidential information

Ratio Decidendi

There is no implied undertaking to the court restricting the use of documents disclosed by the SFO under its statutory powers outside criminal proceedings, and use of such documents by Standard Life in civil proceedings does not constitute an abuse of process or contempt of court. Any restriction on use of confidential information should be addressed by injunctive relief, not by striking out the claim.

Court Disposition

Topland's application to strike out the claim and for summary judgment is dismissed. Injunctive relief to restrain use of confidential information is to be considered separately. Standard Life's application for permission to use SFO documents is granted to the extent necessary.

Orders

  • Application to strike out claim dismissed
  • Application for summary judgment dismissed