The plaintiffs brought two successive actions against the same defendants (Mr Marks and Wiseoak Homes Ltd) for breach of copyright. They obtained Anton Piller orders in both actions. The documents which the plaintiffs obtained from the defendants in the second action showed that the defendants had not complied with the Anton Piller order in the first action.
Held: Lord Oliver of Aylmerton considered the implied undertakings given by parties to litigation on discovery of documents: ‘the implied undertaking applies not merely to the documents discovered themselves but also to information derived from those documents whether it be embodied in a copy or stored in the mind. But the implied undertaking is one which is given to the court ordering discovery and it is clear and is not disputed by the appellants that it can, in appropriate circumstances, be released or modified by the court.’ It was for the party seeking release from the collateral purpose rule to ‘demonstrate cogent and persuasive reasons’.
Lord Oliver said: ‘It is clearly established that although a contemnor is not a compellable witness, in proceedings against him for contempt, if he gives evidence, he can be cross-examined on it in relation to the contempt alleged.’
Lord Oliver of Aylmerton
[1987] AC 829, [1987] 2 All ER 1074, [1987] 3 WLR 48
England and Wales
Citing:
Cited – Sybron Corporation v Barclays Bank plc ChD 1985
Scott J said as regards the undertakings implied on giving discovery of documents during litigation that they applied not merely to the documents discovered themselves but also to information derived from those documents whether it be embodied in a . .
Cited by:
Cited – British Sky Broadcasting Group Plc and Another v Virgin Media Communications Ltd and others CA 6-Jun-2008
The parties were involved in litigation concerning allegations of anti-consumer practices. It was agreed that commercially sensitive documents should be exchanged, but the terms protecting the confidences could not be agreed. The parties were also . .
Cited – IG Index Plc v Cloete QBD 11-Dec-2013
The defendant applied to have struck out the claim, saying that it was based upon a misuse of documents disclosed during an employment tribunal case, and was an abuse since the claimants had not sought the permission of the Tribunal for a second use . .
Cited – Tchenguiz v Director of The Serious Fraud Office and Others CA 31-Oct-2014
The appellant challenged an order of the Commercial Court refusing permission for documents disclosed in English litigation to be used in litigation proceedings in Guernsey. The principal issue is whether the judge correctly weighed up the . .
Cited – Discovery Land Company Llc and Others v Jirehouse and Others ChD 7-Jun-2019
The first claimant had requested the committal of a defendant for his alleged failure to comply with undertakings he had given to the court. He now sought an adjournment saying that he had not been advised of the availability of legal aid, and . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 13 December 2021; Ref: scu.268775