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26 March 2019 / Sophia Purkis , Victoria Prince
Issue: 7835 / Categories: Features , Procedure & practice
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Collateral use: compulsion is not enough

The courts can & will exercise their discretion in determining if collateral use is permissible, say Sophia Purkis & Victoria Prince

Disclosure, the use of documents and the interrelationship between proceedings—be they criminal and/or civil, and brought in different or the same jurisdictions—are all topics which are increasingly exercising the courts.

Mr Justice Hildyard’s recent judgment in ACL Netherlands BV (as successor to Autonomy Corporation Ltd) and other companies v Lynch and another [2019] EWHC 249 (Ch) provides an insightful illustration of the principles governing the collateral use of documents and witness statements required to comply with foreign legal obligations.

The claim

Subsidiaries of a US company, Hewlett Packard Enterprise (HPE), brought a US$ multi-billion claim in England against two defendants alleged to have fraudulently manipulated the accounting system of a company acquired by the Hewlett-Packard group. The trial of that claim was listed to start in March 2019.

US criminal proceedings arising out of the same circumstances had resulted in a conviction against the second defendant

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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