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Versailles Trade Finance Ltd (in administrative receivership) v Clough: CA 1 Nov 2001

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

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