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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 an absolute bar. It followed that the SFO was not

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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