The Law Reports (Chancery Division)
[2006] Ch 549
Chancery Division
C plc
v
P (Secretary of State for the Home Department intervening)
[2006] EWHC 1226 (Ch)
2006 April 11,
12;
May 26
May 26
Evans-Lombe J
Practice
— Discovery
— Privilege against self-incrimination
— Claimant obtaining search order
— Defendant making non-specific claim to privilege against self-incrimination before allowing search
— Discovery of illegal material
— Material remaining at all times with supervising solicitor and court-appointed expert
— Whether defendant validly claiming privilege
— Whether compliance with order resulting in loss of privilege
— Whether privilege applying to evidence not produced under compulsion
—
Human Rights Act 1998 (c 42), Sch. 1, Pt I, art 6
[1]
Judicial precedent
— House of Lords decision
— How far binding
— Decision of House of Lords inconsistent with human rights legislation
— Whether decision binding on inferior courts