State of Qatar v Banque Havilland SA & Ors [2021] EWHC 2172 (Comm) (30 July 2021)

State of Qatar v Banque Havilland SA & Ors [2021] EWHC 2172 (Comm) (30 July 2021)

The court held that the PwC report and related documents were protected by litigation privilege as they were prepared for the dominant purpose of obtaining information or advice in connection with reasonably contemplated litigation. The court found that the defendants' claims of privilege and relevance over specific documents were, in the main, justified under the applicable legal principles. Orders were made for the defendants to review their disclosure in light of the judgment and provide further information or documents where necessary.

Citation
[2021] EWHC 2172 (Comm)
Parties
Claimant: The State of Qatar; First Defendant: Banque Havilland SA; Second Defendant: Vladimir Bolelyy
Jurisdiction
England and Wales
Judgment Date
30 July 2021
Procedural Posture
Commercial Court Claim / Interlocutory Application (disclosure Orders at Second Case Management Conference)
Outcome
Application granted in part, refused in part
Legal Topics
Disclosure, Litigation Privilege, Unlawful Means Conspiracy, Expert Evidence
Civil Procedure Commercial Law Tort Disclosure Litigation Privilege Unlawful Means Conspiracy Expert Evidence

Case Brief

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Parties

The State of Qatar

Claimant

Banque Havilland SA

First Defendant

Vladimir Bolelyy

Second Defendant

Procedural Posture

Commercial Court Claim / Interlocutory Application (disclosure Orders at Second Case Management Conference)

Legal Issues

  1. 1 Whether the defendants must provide further disclosure and remove redactions on documents withheld on grounds of litigation privilege and relevance
  2. 2 Whether the PwC forensic report and related documents are protected by litigation privilege
  3. 3 Whether the defendants' claims of privilege and relevance are valid under the Disclosure Pilot scheme

Ratio Decidendi

The court held that the PwC report and related documents were protected by litigation privilege as they were prepared for the dominant purpose of obtaining information or advice in connection with reasonably contemplated litigation. The court found that the defendants' claims of privilege and relevance over specific documents were, in the main, justified under the applicable legal principles. Orders were made for the defendants to review their disclosure in light of the judgment and provide further information or documents where necessary.

Court Disposition

Application granted in part, refused in part

Orders

  • Defendants to review and, where necessary, supplement their disclosure in accordance with the court's findings on privilege and relevance.
  • Defendants to provide further information or documents as specified in the judgment.