O Ltd v Z [2005] EWHC 238 (Ch) (23 February 2005)

O Ltd v Z [2005] EWHC 238 (Ch) (23 February 2005)

The privilege against self-incrimination remains available in civil proceedings except where expressly removed by statute. However, where material is discovered under a search order in an intellectual property case, and that material is wholly irrelevant to the civil claim but reveals evidence of a serious unrelated crime (here, possession of indecent images of children), the court may direct that such material be disclosed to the police, notwithstanding the defendant was not informed of the privilege, due to the overriding public interest in the investigation and prosecution of serious crime. Article 6 ECHR does not apply as no criminal charge is laid; Article 8 ECHR is not infringed as...

Citation
[2005] EWHC 238 (Ch)
Parties
Claimant: O Ltd; Defendant: Z; Intervener: Secretary of State for the Home Department; Advocate to the Court: Advocate to the Court
Jurisdiction
England and Wales
Judgment Date
23 February 2005
Procedural Posture
Chancery Division Civil Claim (intellectual Property) / Post Judgment Application Regarding Disclosure of Evidence to Police
Outcome
Application granted; offensive material to be disclosed to the police.
Legal Topics
Privilege Against Self Incrimination, Search Orders (anton Piller Orders), Disclosure of Evidence, Legal Professional Privilege, Article 6 ECHR, Article 8 ECHR, Protection of Children Act 1978, Criminal Justice Act 1988
Civil Procedure Criminal Law Human Rights Privilege Against Self Incrimination Search Orders (anton Piller Orders) Disclosure of Evidence Legal Professional Privilege Article 6 ECHR +3 more

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Parties

O Ltd

Claimant

Z

Defendant

Secretary of State for the Home Department

Intervener

Advocate to the Court

Advocate to the Court

Procedural Posture

Chancery Division Civil Claim (intellectual Property) / Post Judgment Application Regarding Disclosure of Evidence to Police

Legal Issues

  1. 1 Whether material discovered under a civil search order, irrelevant to the civil claim but potentially incriminating the defendant of a serious criminal offence, can be disclosed to the police
  2. 2 Whether the privilege against self-incrimination applies in these circumstances
  3. 3 Whether Article 6 or Article 8 ECHR preclude disclosure

Ratio Decidendi

The privilege against self-incrimination remains available in civil proceedings except where expressly removed by statute. However, where material is discovered under a search order in an intellectual property case, and that material is wholly irrelevant to the civil claim but reveals evidence of a serious unrelated crime (here, possession of indecent images of children), the court may direct that such material be disclosed to the police, notwithstanding the defendant was not informed of the privilege, due to the overriding public interest in the investigation and prosecution of serious crime. Article 6 ECHR does not apply as no criminal charge is laid; Article 8 ECHR is not infringed as...

Court Disposition

Application granted; offensive material to be disclosed to the police.

Orders

  • The Computer Expert is permitted to disclose the indecent material discovered to the relevant prosecuting authority (police).