Privilege Against Self-incrimination of Contempt

Memory Corporation Plc and Another v Sidhu and Another (Ch D TLR 3 December)

Under an asset-freezing order the first defendant had been ordered to disclose his assets and attend for cross-examination on his affidavit. The defendant contended that if he were to be cross-examined this could result in him giving evidence which would found an application to commit him for contempt and therefore pleaded privilege against self-incrimination. The defendant would not be a compellable witness in any contempt proceedings and it did not seem to be a valid distinction that he was giving evidence at an early stage in the proceedings rather than in proceedings for contempt. Accordingly he was entitled to the privilege of self-incrimination in these proceedings.