Mayo Associates v Anagram [1998] JLR 410 (08 December 1998)

Mayo Associates v Anagram [1998] JLR 410 (08 December 1998)

Where criminal and civil proceedings arise from the same facts, confidentiality has already been breached by the criminal investigation, and the material has already been seen by the parties, the court may release a party from the implied undertaking restricting use of documents to the purpose for which they were disclosed.

Citation
[1998] JLR 410
Parties
Applicant: Mayo Associates; Respondent: Anagram
Jurisdiction
Jersey
Judgment Date
08 December 1998
Procedural Posture
Civil / Interlocutory
Outcome
application granted
Legal Topics
Production of Documents, Use of Documents Obtained in Criminal Proceedings, Implied Undertaking, Confidentiality

Case Brief

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Parties

Mayo Associates

Applicant

Anagram

Respondent

Procedural Posture

Civil / Interlocutory

  1. 1 Whether documents obtained in parallel criminal proceedings can be used in civil proceedings
  2. 2 Whether the implied undertaking restricting use of such documents can be released

Ratio Decidendi

Where criminal and civil proceedings arise from the same facts, confidentiality has already been breached by the criminal investigation, and the material has already been seen by the parties, the court may release a party from the implied undertaking restricting use of documents to the purpose for which they were disclosed.

Court Disposition

application granted

Orders

  • Party released from implied undertaking to use documents only for the purpose stated in criminal proceedings
  • Documents may be used in civil proceedings