c The privilege extends to incrimination of the witnesss spouse Civil Evidence

C the privilege extends to incrimination of the

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c. The privilege extends to incrimination of the witness’s spouse Civil Evidence Act 1968, s.14 Privilege does extends to providing documents or answers that tend to expose the wife or husband of the persona asserting the privilege to criminal proceedings or proceedings for the recover of a penalty d. The privilege does not extend to incrimination under foreign law King of the Two Sicilies v. Wilcox (1851), 1 Sim N.S. 301 U.S. v. McRae (1868), L.R. 3 Ch. App. 79 Civil Evidence Act 1968 s. 14(1)(a) Brannigan v. Davison [1997] A.C. 238 If the court is exercising a discretionary power, say to produce particular documents, it may be relevant e. The privilege extends to a fiduciary who is sued to recover property obtained in breach of fiduciary duty Bishopsgate Investment Management Ltd. v. Maxwell [1992] 2 All E.R. 856 When the D is a fiduciary, s31 does address this question in part, and creates a sort of limited exception. In this case, it was held that the privilege does extend to the fiduciary, and there is no exception in respect of that f. The privilege extends to penalties imposed by the court for civil contempt Bhimji v. Chatwani (No. 3) [1992] 4 All E.R. 912 If you are in contempt of the court, and are asked to show documents to show contempt, you may invoke this (c) Statutory modification of the privilege Heydon, (1971) 87 L.Q.R. 214 “A person shall not be excused, by reason that to do so may incriminate that person or the wife or husband of that person of an offence under this Act - (a) from answering any question put to that person in
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proceedings for the recovery or administration of any property, for the execution of any trust or for an account of any property or dealings with property; or (b) from complying with any order made in any such proceedings; but no statement or admission made by a person in answering a question put or complying with an order made as aforesaid shall, in proceedings for an offence under this Act, be admissible in evidence against that person or (unless they married after the making of the statement or admission) against the wife or husband of that person.” (Theft Act 1968, s. 31(1)) (d) Rationale of the privilege J. Sorabji, Calling Time on the Privilege Against Self-Incrimination in Civil Proceedings? , (2012) 31 CJQ 261 Sorabji’s point of view : The judiciary has not gone so far to abolish the privilege. It is too firmly fixed principle to the common law. On the other hand, they do have a tendency to interpret it in a narrow way, not interested in broadening it. A T & T Istel Ltd. v. Tully [1992] 3 All E.R. 523 Lord Templeman : Privilege can be justified on 2 grounds: o It discourages the ill-treatment of a suspect o It discourages the production of dubious confessions But neither of these considerations applies to the present appeal. It is difficult to see any reason why in civil proceedings the privilege against self-incrimination should be exercisable so as to enable a litigant to refuse relevant and even vital documents which are in his possession or power and which speak for themselves. I regard the privilege exercisable in civil proceedings as
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  • Fall '15
  • The Land, criminal law, Lawyer, Evidence law, Attorney-client privilege, Crown Proceedings Act 1947

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