Candey Ltd v Bosheh & Anor [2021] EWHC 3409 (Comm) (16 December 2021)

Candey Ltd v Bosheh & Anor [2021] EWHC 3409 (Comm) (16 December 2021)

The claimant is not entitled to rely on privileged or confidential information obtained during the retainer with the defendants, as the alleged conduct does not meet the threshold for the iniquity exception. The use of such material is struck out. The claimant is refused permission to use certain confidential documents and witness statements without proper permission. The claim, as pleaded, does not disclose a realistic prospect of success on the basis of privileged/confidential material. The defendants are entitled to relief restraining use of such information. The claimant's applications for use of privileged/confidential material and retrospective permission are refused. The freezing...

Citation
[2021] EWHC 3409 (Comm)
Parties
Claimant: CANDEY LIMITED; First Defendant: Basem Bosheh; Second Defendant: Amjad Salfiti
Jurisdiction
England and Wales
Judgment Date
16 December 2021
Procedural Posture
Commercial Court Claim / Interlocutory Applications (freezing Order, Amendment, Summary Judgment, Strike Out, Confidentiality/privilege)
Outcome
Defendants' applications granted in part; claimant's applications for use of privileged/confidential material refused; privileged/confidential material struck out; freezing order not granted.
Legal Topics
Freezing Injunctions, Summary Judgment, Strike Out Applications, Confidentiality, Legal Professional Privilege, Conditional Fee Agreements, Fraudulent Misrepresentation, Breach of Contract, Unlawful Conspiracy, Use of Privileged/confidential Information
Civil Procedure Contract Law Legal Professional Privilege Fraud Freezing Injunctions Summary Judgment Strike Out Applications Confidentiality +5 more

Case Brief

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Parties

CANDEY LIMITED

Claimant

Basem Bosheh

First Defendant

Amjad Salfiti

Second Defendant

Procedural Posture

Commercial Court Claim / Interlocutory Applications (freezing Order, Amendment, Summary Judgment, Strike Out, Confidentiality/privilege)

Legal Issues

  1. 1 Whether the claimant can rely on privileged/confidential information in a claim against a former client for fraud and breach of contract
  2. 2 Whether the iniquity exception to privilege applies to the alleged conduct
  3. 3 Whether the claim discloses a realistic prospect of success or should be struck out/summary judgment granted

Ratio Decidendi

The claimant is not entitled to rely on privileged or confidential information obtained during the retainer with the defendants, as the alleged conduct does not meet the threshold for the iniquity exception. The use of such material is struck out. The claimant is refused permission to use certain confidential documents and witness statements without proper permission. The claim, as pleaded, does not disclose a realistic prospect of success on the basis of privileged/confidential material. The defendants are entitled to relief restraining use of such information. The claimant's applications for use of privileged/confidential material and retrospective permission are refused. The freezing...

Court Disposition

Defendants' applications granted in part; claimant's applications for use of privileged/confidential material refused; privileged/confidential material struck out; freezing order not granted.

Orders

  • Privileged material in claimant's witness statements and exhibits struck out and inadmissible.
  • Claimant refused permission to use RBS bank statements obtained after retainer ended.