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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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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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