Where two directors faced trial for carousel fraud and one of them had produced documentation in restraint proceedings, there could be no criticism of an order preventing disclosure of that documentation to those involved in the criminal proceedings. The judge in the criminal proceedings had decided that it neither undermined the prosecution case nor assisted the other director and should not therefore be disclosed; the fact that it might have provided ammunition for the director to cross-examine his co-director was not the test.

CA (Crim Div) (NI) (Hooper LJ, Holroyde J, Supperstone J) 18/1/2012
[2011] EWCA Crim 3