1998/248 - Mayo Associates and Ors v Cantrade Bank and Ors [1998] UR 248 (8 December 1998)

1998/248 - Mayo Associates and Ors v Cantrade Bank and Ors [1998] UR 248 (8 December 1998)

The Bank is released from the implied undertaking arising from Crown disclosure of unused material in the prosecution, allowing such material to be disclosed and used in these civil proceedings, subject to an undertaking by all parties not to use it for any purpose other than conduct of these proceedings. Retrospective release is granted for prior use by the Bank during the period when English law did not recognise the implied undertaking.

Citation
[1998] UR 248
Parties
Second Plaintiff: Troy Associates Limited; First Plaintiff: Mayo Associates; Defendant: Cantrade Private Bank; Defendant/third Party: Anagram (Bermuda) Limited; Defendant: Dr Young; Defendant: Mrs Young; Defendant/third Party: Touche Ross; Defendant/third Party: Mr A G Williams; Intervener: Attorney General
Jurisdiction
Jersey
Judgment Date
08 December 1998
Procedural Posture
Civil / Discovery
Outcome
Release of implied undertaking granted for relevant documents; retrospective release granted for prior use; disclosure subject to undertaking not to use material outside these proceedings.
Legal Topics
Implied Undertaking, Disclosure of Documents, Use of Criminal Investigation Material in Civil Proceedings, Privacy and Confidentiality, Discovery Process
Civil Procedure Evidence Privacy Law Implied Undertaking Disclosure of Documents Use of Criminal Investigation Material in Civil Proceedings Privacy and Confidentiality Discovery Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Troy Associates Limited

Second Plaintiff

Mayo Associates

First Plaintiff

Cantrade Private Bank

Defendant

Anagram (Bermuda) Limited

Defendant/third Party

Dr Young

Defendant

Mrs Young

Defendant

Touche Ross

Defendant/third Party

Mr A G Williams

Defendant/third Party

Attorney General

Intervener

Procedural Posture

Civil / Discovery

Legal Issues

  1. 1 Whether defendants should be released from the implied undertaking restricting use of documents disclosed in criminal proceedings for civil proceedings
  2. 2 Extent of permissible disclosure of material created for criminal investigation in subsequent civil proceedings
  3. 3 Balancing privacy/confidentiality against public interest in justice

Ratio Decidendi

The Bank is released from the implied undertaking arising from Crown disclosure of unused material in the prosecution, allowing such material to be disclosed and used in these civil proceedings, subject to an undertaking by all parties not to use it for any purpose other than conduct of these proceedings. Retrospective release is granted for prior use by the Bank during the period when English law did not recognise the implied undertaking.

Court Disposition

Release of implied undertaking granted for relevant documents; retrospective release granted for prior use; disclosure subject to undertaking not to use material outside these proceedings.

Orders

  • Bank released from implied undertaking for unused material disclosed by Crown in prosecution.
  • Retrospective release granted for Bank's prior use of disclosed material.