DISCLOSURE

The court refused to grant a Norwich Pharmacal order to an investment firm which was contemplating the private prosecution of two individuals it suspected of using insider information to buy shares in a company shortly before a public announcement increased its share value. The matter was already the subject of civil proceedings where disclosure could be sought, and the firm’s suspicions had been referred to the CPS which was well placed to decide whether to investigate. A Norwich Pharmacal order was not necessary for the firm to obtain justice.

A claimant failed to show that disclosure on enhanced criminal record certificates of an allegation of sexual assault of which he had been acquitted was disproportionate and inaccurate.

[2018] EWHC 2368 (Admin) [2018] EWHC 2368 (Admin)

The Criminal Justice Act 1987 s.2(3), under which the Serious Fraud Office could require any person to produce relevant documents for an SFO investigation, had extraterritorial application to foreign companies in respect of documents held abroad where there was a sufficient connection between the company and the UK.

[2018] UKSC 47 [2018] UKSC 47

The inclusion in an enhanced criminal record certificate of details of an individual’s acquittal on a charge of rape was a proportionate interference with that individual’s rights under ECHR art.8. In so deciding, the Supreme Court clarified when an appellate court could make a fresh determination as to proportionality, noted the lack of guidance to potential employers on how to treat ECRCs containing details of acquittals, and indicated that careful thought should be given to the value of disclosing allegations that had been tested in court and resulted in acquittal.

A district judge had been correct to refuse to order the Crown to disclose a sample of blood taken from a motorist who had been arrested for driving under the influence of cannabis. The motorist had declined to take the sample when it was offered to him in compliance with the Road Traffic Offenders Act 1988 s.15(5) and his application had been a fishing expedition made in the hope that it might undermine the prosecution’s case.