The Administrative Court has held that a defendant did not lose privilege in unredacted passages of documents that had been provided for inspection
In our June 2011 Corporate Fraud, Investigations and Asset Recovery Update, we discussed the upcoming Europe-wide freezing order regulation.
It is common for defendants to seek to delay compliance with the asset disclosure provisions of freezing and proprietary injunctions.
In R (on the application of Mohamed) v Secretary of State for Foreign and Commonwealth Affairs 2008 EWHC 2048 (Admin), the English High Court reaffirmed the flexible nature of its Norwich Pharmacal jurisdiction to order disclosure of information and documents from third parties innocently caught up in wrongdoing, essential to assist parties to pursue their cases.
Parties who were subject to a freezing order sought to rely on the privilege against self-incrimination to avoid disclosing their assets, arguing that disclosure would lead to a prosecution in Kazakhstan.
Confidentiality has always been a highly valued characteristic of arbitration by the parties that choose it as a method of dispute resolution.
In Emmott v Michael Wilson & Partners Limited, the Court of Appeal upheld a decision authorising disclosure of documents generated in English arbitration proceedings.
The recently discovered incidents of rogue trading are a poignant reminder of the importance of risk management and systems and controls.