More Sounds of Silence: Cobra Golf Ltd v Rata

If the exception proves the existence of the rule, then by parity of reasoning Cobra Golf Ltd v Rata affirms the continued application of the common law privilege against self‐incrimination. For the case stands out against the background of English authorities such as R v Director of Serious Fraud Office, ex‐parte Smith, AT&T Istel v Tully and, most recently, R v Institute of Chartered Accountants of England and Wales, ex parte Nawaz. And even the European Court of Human Rights, which forum one might expect to safeguard the individual against assertions tilted towards rectitude of outcome, has provided only lukewarm support for the privilege against self‐incrimination in Saunders v United Kingdom by limiting the case to its facts and refusing to rule that the privilege against self‐incrimination was an absolute right.