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Collateral use of documents in US proceedings refused (ACL Netherlands v Lynch)

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Published on: 14 February 2019

Published by a LexisNexis Dispute Resolution expert

Table of contents

What are the practical implications of this case?
What was the background?
What did the court decide?
Case details

Article summary

Dispute Resolution analysis: The High Court has refused an application for permission to provide documents disclosed and witness statements served in English proceedings to the United States Federal Bureau of Investigation. Hildyard J explained the authorities and clarified the two-part test for collateral use of documents. In a case where trial was imminent, particular emphasis was placed on the requirement for actual and immediate necessity for documents to be produced. Despite a US Subpoena, it was held that there was no true compulsion or pressing need for the documents immediately in order to assist the US investigation. Written by Daniel Webb, barrister at Selborne Chambers.

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