A defendant to civil proceedings could not use the privilege against self-incrimination as a defence against an application for summary judgement, where his plea amounted to no more than a request to the court to prevent the other party relying upon information and material already in its possession. Where criminal proceedings were anticipated or uncompleted, a stay might be granted where the civil procedure would create a real risk of self-incrimination.
Judges:
Brooke LJ, Waller LJ and Longmore LJ
Citations:
Times 01-Nov-2001, Gazette 08-Nov-2001
Jurisdiction:
England and Wales
Litigation Practice, Human Rights
Updated: 28 April 2022; Ref: scu.166721