Cases

R v Westminster Mags Court & ASIC ex p Hafner & Ors

Facts

Claimants applied for judicial review of a district judge's decision in proceedings for the taking of evidence pursuant to a request for legal assistance under s. 13 the Crime (International co-operation) Act 2003 by a foreign regulator. The request was for answers to questions and the taking of documents. Third parties became aware that they were referred to in documents sought, and that disclosure would contravene legal professional privilege and Swiss laws of confidence. Proceedings to determine the evidence to be produced were ordered, giving a right of challenge to parties whose Article 8 rights were affected. The district judge did not follow this procedure and stated that Article 8 was not engaged. Cs sought to quash the district judge's decision.

Also