Source: All England Reporter
Publisher Citation: [2012] All ER (D) 12 (Feb)
Neutral Citation: [2012] EWCA Civ 48
Court: Court of Appeal, Civil Division
Judge: Lord Judge CJ, Lord Neuberger MR and Maurice Kay VP
Representation Jeremy Reed (instructed by Schillings) for C.
  Jeremy Reed (instructed by Taylor Hampton) for P.
  NGN did not appear and was not represented.
  Gavin Millar QC and Alexandra Marzec (instructed by Payne Hicks Beach) for M.
  Thomas de la Mare (instructed by the Treasury Solicitor) for the Secretary of State for Business Innovation and Skills as interested party.
Judgment Dates: 1 February 2012

Catchwords

Practice - Pre-trial or post-judgment relief - Requests for further information - Self-incrimination - Privilege - Withdrawal of privilege - Claimants obtaining interim declarations that second defendant be prevented from relying upon privilege against self-incrimination in respect of claims of intercepting voicemail messages - Second defendant appealing - Whether information obtained from interceptions constituting 'technical or commercial information' - European Convention on Human Rights, art 6.

The Case

Practice Pre-trial or post-judgment relief. The Court of Appeal, Civil Division, dismissed the defendant private investigator's appeal against disclosure orders made against him in respect of mobile telephone voice message interceptions, finding that much of the information intercepted had been commercial information or other intellectual property within the meaning of s72(5) of the . Consequently, the orders that the defendant could not rely on privilege against self-incrimination would stand.

Practice Areas

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