The case of the day is ACL Netherlands BV v. Lynch, [2019] EWHC 249. A US grand jury issued a subpoena to Hewlett Packard Enterprises. The subpoena called for HP to produce documents in the possession of direct or indirect subsidiaries in the UK. But those subsidiaries had received the responsive documents in the course of UK litigation, and they were subject to what we would call a protective order allowing them to use the documents only for purposes of the UK litigation, without leave of court. (Unlike in US practice, where protective orders are ad hoc, in English practice there are rules imposing limitations on disclosure that apply more generally). The subsidiaries sought permission from the High Court to produce the documents.

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