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
