Mr Justice Morris has allowed an appeal by Autonomy Inc and Autonomy Systems Limited. One Essex Court’s Conall Patton has acted for the Autonomy parties on the appeal, instructed by Travers Smith.
The appeal concerns a letter of request issued by a US District Court in California under the Hague Convention 1970 requesting an examination of Mr Sushovan Hussain, Autonomy’s former CFO, in aid of proceedings in the District Court between the Autonomy parties and MicroTechnologies.
The Autonomy parties’ application for an examination had been refused at first instance by the Senior Master.
In allowing the appeal, Mr Justice Morris held that an examination would not be oppressive because Mr Hussain had the ability to rely on his right to silence under the Fifth Amendment to the United States Constitution. He also held that an examination would not breach Mr Hussain’s right to a fair trial under Article 6 of the European Convention on Human Rights.
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