Gohil v Gohil [2012] EWCA Civ 1550, [2012] All ER (D) 287 (Nov)
Court of Appeal, Civil Division, Lord Dyson MR, Lady Justice Hallett and Lord Justice McFarlane, 26 Nov 2012
Unless the requested country has consented to its wider use, s 9(2) of the Crime (International Co-operation) Act 2003 (CIA 2003) prohibits the use of evidence for any purpose other than that specified in the request without the consent of the requested authority, even where those documents have already been properly put into the public domain. That prohibition applies as much to the use of evidence in other criminal investigations and proceedings as it does to its use in civil proceedings of any description.
Stephen Cobb QC and Nicola Fox (instructed by Hodge Jones and Allen LLP) for the wife. James Turner QC and Elissa da Costa-Waldman (instructed by Duncan Lewis (Solicitors) Ltd) for the husband. Julian B Knowles QC and Esther Schutzer-Weissman (instructed by the Crown Prosecution Service) for the CPS. Jonathan Swift QC and Melanie Cumberland (instructed by the Treasury Solicitor) for the Secretary of State.
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