Tchenguiz and another v Director of the Serious Fraud Office [2014] EWHC 1315 (Comm), [2014] All ER (D) 191 (Apr)
Queen’s Bench Division, Commercial Court, Eder J, 29 Apr 2014
Permission of the court is required for disclosure under CPR 31.22(1)(b) to provide to counsel, not instructed in the case, for the purposes of obtaining independent advice.
Alex Bailin QC, Anton Dudnikov & John Robb (instructed by Shearman & Sterling LLP for the claimants. James Eadie QC, James Segan & Katherine Hardcastle (instructed by Slaughter and May) for the SFO.
CPR 31.22 provided: “(1) A party to whom a document has been disclosed may use the document only for the purpose of the proceedings in which it is disclosed except where—(a) the document has been read to or by the court, or referred to, at a hearing which has been held in public; (b) the court gives permission; or (c) the party who disclosed the document and the person to whom the document belongs agree.”
The application before the court concerned
