Significant cases

C Plc v P and O Ltd v Z

These were intellectual property cases in which search orders had been made. On execution of those search orders, the defendants had been found to be in possession of child pornography. The issue was whether or not the defendant was entitled to assert the privilege against self incrimination to prevent the police being notified. The courts had to decide whether the privilege had been lost or waived. Issues arose as to how a person asserts the privilege and whether a claimant has a duty to warn a defendant of the existence of the privilege. There were also issues as to the impact of Articles 6 and 8 of the European Convention of Human Rights.