Barclay-Watt & Ors v Alpha Panareti Public Ltd & Ors [2021] EWHC 642 (Comm) (18 March 2021)

Barclay-Watt & Ors v Alpha Panareti Public Ltd & Ors [2021] EWHC 642 (Comm) (18 March 2021)

The Defendants are permitted to use the witness statements as there was no obvious mistake apparent to a reasonable solicitor, and the disclosure appeared deliberate. The proper law of the alleged torts is English law (or Scottish law for two Claimants), as the most significant elements of the events occurred in the UK and the high threshold for displacing the general rule under s12 of the 1995 Act is not met.

Citation
[2021] EWHC 642 (Comm)
Parties
Claimants: Andrew James Barclay-Watt & Others; First Defendant: Alpha Panareti Public Limited; Second and Other Defendants: Andreas Ioannou & Others
Jurisdiction
England and Wales
Judgment Date
18 March 2021
Procedural Posture
Commercial Court Civil Claim / Interlocutory Applications During Trial
Outcome
Applications granted in favour of both parties: Defendants permitted to use the witness statements; English (or Scottish) law held to be the proper law of the torts.
Legal Topics
Disclosure of Privileged Documents, Applicable Law in Tort, Misrepresentation, Negligent Misstatement, Breach of Duty of Care
Private International Law Civil Procedure Disclosure of Privileged Documents Applicable Law in Tort Misrepresentation Negligent Misstatement Breach of Duty of Care

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Parties

Andrew James Barclay-Watt & Others

Claimants

Alpha Panareti Public Limited

First Defendant

Andreas Ioannou & Others

Second and Other Defendants

Procedural Posture

Commercial Court Civil Claim / Interlocutory Applications During Trial

Legal Issues

  1. 1 Whether Defendants may use inadvertently disclosed privileged witness statements
  2. 2 What is the proper law applicable to the alleged torts (misrepresentation, negligent misstatement, breach of duty of care)

Ratio Decidendi

The Defendants are permitted to use the witness statements as there was no obvious mistake apparent to a reasonable solicitor, and the disclosure appeared deliberate. The proper law of the alleged torts is English law (or Scottish law for two Claimants), as the most significant elements of the events occurred in the UK and the high threshold for displacing the general rule under s12 of the 1995 Act is not met.

Court Disposition

Applications granted in favour of both parties: Defendants permitted to use the witness statements; English (or Scottish) law held to be the proper law of the torts.

Orders

  • Defendants granted permission to use the four witness statements disclosed by Claimants' solicitors.
  • Proper law of the torts determined to be English law (or Scottish law for two Claimants), not Cypriot law.