Regina (Kent Pharmaceuticals Ltd) v Serious Fraud Office: CA 11 Nov 2004

In 2002 the SFO was investigating allegations that drug companies were selling generic drugs, including penicillin-based antibiotics and warfarin, to the National Health Service at artificially sustained prices. To further the investigation the SFO obtained search warrants and executed them. The company challenged the release of the documents recovered to other government departments. They had only been told after the event.
Held: A release should normally only take place after giving notice.
Lord Justice Kennedy Lord Justice Chadwick Lord Justice Dyson
[2004] EWCA Civ 1494, Times 18-Nov-2004, [2005] 1 WLR 1302, [2005] 1 All ER 449
Criminal Justice Act 1987 2(4)
England and Wales
CitedPadfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
Appeal fromKent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another Admn 17-Dec-2003
The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation.
Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning . .
CitedValenzuela Contreras v Spain ECHR 30-Jul-1998
Complaint was made as to the monitoring of a telephone line. The court spelt out the sort of safeguards required in domestic law. . .
CitedKlass And Others v Germany ECHR 6-Sep-1978
The claimant objected to the disclosure by the police of matters revealed during their investigation, but in this case, it was held, disclosure even after the event ‘might well jeopardise the long-term purpose that originally prompted the . .
CitedDomenichini v Italy ECHR 15-Nov-1996
The court was concerned with the monitoring of the correspondence of prisoners, including legal correspondence. The Italian law permitted such monitoring if a judge, in his discretion, ordered it in a reasoned decision.
Held: ‘The Court . .
CitedChorherr v Austria ECHR 25-Aug-1993
The applicant was one of two arrested demonstrating against the Austrian armed forces at a military parade. They had rucksacks on their backs, with slogans on them. The rucksacks were so large that they blocked other spectators’ view of the parade. . .
CitedThe Sunday Times (No 1) v The United Kingdom ECHR 26-Apr-1979
The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where . .
CitedHerczegfalvy v Austria ECHR 24-Sep-1992
The applicant was detained in an institution for mentally deranged offenders. While so detained he was subjected to the forcible administration of food and neuroleptics and to handcuffing to a security bed. He complained of violation of his Article . .
CitedThe Sunday Times v The United Kingdom ECHR 6-Nov-1980
Hudoc Judgment (Just satisfaction) Costs and expenses award – Convention proceedings . .
CitedMarcel v Commissioner of Police of the Metropolis CA 1992
A writ of subpoena ad duces tecum had been issued requiring the production by the police for use in civil proceedings of documents seized during a criminal fraud investigation. The victim of the fraud needed them to pursue his own civil case.
CitedWoolgar v Chief Constable of Sussex Police and UKCC CA 26-May-1999
The issue was the potential disclosure by the police to the nurses’ regulatory body of confidential information concerning the plaintiff, the matron of a nursing home. There had been insufficient evidence to charge the plaintiff with a criminal . .
CitedRegina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB CA 18-Mar-1998
Public Identification of Pedophiles by Police
AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought . .
CitedMS v Sweden ECHR 27-Aug-1997
Hudoc Sweden – communication, without the patient’s consent, of personal and confidential medical data by one public authority to another and lack of possibility for patient, prior to the measure, to challenge it . .
CitedMorris and Others v Director of SFO and Others ChD 17-Feb-1993
The owner of documents should be joined in an application to SFO to disclose documents obtained by them. . .
CitedZ v Finland ECHR 25-Feb-1997
A defendant had appealed against his conviction for manslaughter and related offences by deliberately subjecting women to the risk of being infected by him with HIV virus. The applicant, Z, had been married to the defendant, and infected by him with . .
CitedGolder v The United Kingdom ECHR 21-Feb-1975
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his . .
CitedTinnelly and Sons Ltd and Others and McElduff and Others v United Kingdom ECHR 10-Jul-1998
Legislation which disallowed claimants who asserted that they had been discriminated against, on the grounds of their religious background, from appealing through the courts system, was a clear breach of their human rights. A limitation will not be . .
CitedRegina v Secretary of State for the Home Department ex parte Doody and Others HL 25-Jun-1993
A mandatory lifer is to be permitted to suggest the period of actual sentence to be served. The Home Secretary must give reasons for refusing a lifer’s release. What fairness requires in any particular case is ‘essentially an intuitive judgment’, . .

Cited by:
Appealed toKent Pharmaceuticals Ltd, (Regina on the Application of ) v Serious Fraud Office and Another Admn 17-Dec-2003
The claimant sought judicial review of the decision of the respondent to disclose documents obtained by it from them during an investigation.
Held: The decisions to disclose material to the DoH were ‘in accordance with law’ within the meaning . .
CitedEnergy Financing Team Ltd and others v The Director of the Serious Fraud Office, Bow Street Magistrates Court Admn 22-Jul-2005
The claimants sought to set aside warrants and executions under them to provide assistance to a foreign court investigating alleged unlawful assistance to companies in Bosnia Herzegovina.
Held: The issue of such a warrant was a serious step. . .

These lists may be incomplete.
Updated: 21 January 2021; Ref: scu.219334