Squire Patton Boggs published a blog post on 8th March reported that, in ACL Netherlands BV and others v Lynch and another, the High Court said that an applicant is unlikely to be granted permission for collateral use of evidence disclosed in English civil proceedings, unless there are special circumstances amounting to ‘cogent and persuasive reasons’.  The claimants had commenced civil proceedings against the defendant concerning allegations of fraud, and had applied to the courts for permission to supply witness statements and other documents to the FBI for a Grand Jury into alleged crimes.  The claimants argued that the court should grant the required permission so that the claimants could comply with the FBI order and avoid being in contempt of court in the US.  The post says that the case makes it clear that applications concerning the implications of disclosure rules are a matter of English law.  Whilst parallel overseas investigations concerning fraud and dishonesty could amount to sufficient public policy reasons for allowing collateral disclosure, a court will consider all the circumstances of the case and not just rubber stamp an application.


Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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