Blunt v Park Lane Hotel Ltd

Facts

In an action for slander, a woman was asked on discovery whether she had committed adultery at the hotel. She refused to answer, claiming that the answer would tend to incriminate her. Adultery was not a crime.

Issue

How far does the privilege against self-incrimination extend?

Held

She had to answer. Goddard LJ stated the rule. A person is not bound to answer if the answer would, in the opinion of the judge, tend to expose him or his spouse to a criminal charge, penalty or forfeiture which the judge regards as reasonably likely.

Principle

The privilege is for criminal jeopardy, judged by the court, not by the witness. It does not cover ordinary civil liability. It must be claimed.

Why it matters

It does not apply to an accused testifying about the offence charged. AT&T Istel v Tully shows that a fenced disclosure of assets is not protected merely by the privilege.

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