POTENTIAL CRIMINALITY UNDER FOREIGN LAW NOT A BAR TO DISCLOSURE OF DOCUMENTS IN ENGLISH CIVIL PROCEEDINGS

On 9th April, Dechert LLP published an article about the Court of Appeal case of Bank Mellat v HM Treasury, says that obligations of confidentiality arising under a foreign legal system do not automatically entitle a party litigating in England to withhold documents from disclosure.  However, where it is contended that the disclosure of documents would expose the disclosing party to legal penalties in a foreign state, how real the risk of foreign prosecution in the foreign state is will be relevant to the Court’s exercise of discretion.

https://info.dechert.com/10/12129/april-2019/potential-criminality-under-foreign-law-not-a-bar-to-disclosure-of-documents-in-english-civil-proceedings.asp?sid=f015c9c7-a328-4abb-86b9-36f307a7f4b9

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

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s