A further article from Ince Law on 4th April was concerned with a High Court case being the latest in a string of recent decisions on disclosure and privilege arising in a regulatory context.  The Court held that documents obtained by a party under investigation by the SFO were disclosable in civil proceedings, despite objections of confidentiality raised by third parties.  The article says that the decision illustrates the recent trend for the English Courts to order disclosure where there is no dispute that the documents are relevant.  Consideration will be given to confidentiality, the element of compulsion and other factors but, unless there is an overwhelming reason not to disclose, then disclosure will usually be ordered to dispose of the matter in a fair and just manner.

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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