Latest

 Article 
Author
Ian Bean
Source
Lexis®PSL Dispute Resolution
Date
12 March 2015

Ian Bean writes article for Lexis Nexis on the latest Tchenguiz decision

Rawlinson and Hunter Trustees SA (in its capacity as trustee of the Tchenguiz Discretionary Trust) v Director of the Serious Fraud Office and others [2015] EWHC 266 (Comm), [2015] All ER (D) 116 (Feb)

The proceedings concerned property developer Vincent Tchenguiz, who had been investigated by the Serious Fraud Office (SFO). The claimant, trustee of the Tchenguiz trust, applied for permission to use certain documents that had been mistakenly disclosed by the SFO. The Commercial Court dismissed the claimant's application made pursuant to CPR 31.22 thereby prohibiting Tchenguiz from using the documents. The decision was reversed after an application to the Court of Appeal with the judgment providing guidance in respect of the application of the test for use of mistakenly disclosed documents in the case of Al-Fayed v Commissioner of Police for the Metropolis [2002] EWCA Civ 780, [2002] ALL ER (D) 450 (May).

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