[2012] EWCA Civ 1550

Evidence obtained from foreign states pursuant to letters of request under the Crime (International Co-operation) Act 2003 s.7 could not be used for any purpose other than that specified in the request without the consent of the requested authority. The prohibition applied to other criminal investigations and proceedings and civil proceedings of any description. The decision in BOC Ltd v Instrument Technology Ltd [2001] EWCA Civ 854, [2002] Q.B. 537 was reached per incuriam and was not binding.

CA (Civ Div) (Lord Dyson (MR), Hallett LJ, McFarlane LJ)

26/11/2012