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24 July 2013
Issue: 7570 / Categories: Case law , Law digest , In Court
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Disclosure

Tchenguiz and another and another case v Director of the Serious Fraud Office [2013] EWHC 2128 (QB), [2013] All ER (D) 235 (Jul)

The Serious Fraud Office (SFO) issued an application seeking: “a declaration that [the SFO] is not prevented by the provisions of the [Criminal Justice Act 1987 (CJA 1987)] from giving disclosure in this action of documents received from third parties in response to notices under s 2 of the CJA 1987 and permitting inspection of such disclosed documents”. The court ruled that the duty of confidence that existed where the police or any other public authority used compulsory powers to obtain information and documents from the citizen was subject to any order of the court, at least in the absence of clear statutory wording to the contrary. The language of CJA 1987 itself did not contain any express prohibition and although not necessarily determinative was an important place to start. Further, an implied restriction was not necessary or proper. Although there was no direct authority on the matter, any authorities that there were pointed against

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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