Atlantisrealm Ltd v Intelligent Land Investments (Renewable Energy) Ltd [2017] EWCA Civ 1029 (19 July 2017)

Atlantisrealm Ltd v Intelligent Land Investments (Renewable Energy) Ltd [2017] EWCA Civ 1029 (19 July 2017)

The disclosure of the privileged March email was inadvertent and the mistake was obvious to the receiving party before use was made of the document; therefore, the court should exercise its discretion to restrain use of the document and require its destruction.

Citation
[2017] EWCA Civ 1029
Parties
Claimant / Respondent: Atlantisrealm Limited; Defendant / Appellant: Intelligent Land Investments (Renewable Energy) Limited
Jurisdiction
England and Wales
Judgment Date
19 July 2017
Procedural Posture
Civil Appeal / Appeal From Interlocutory Judgment (injunction Application)
Outcome
Appeal allowed
Legal Topics
Inadvertent Disclosure, Legal Professional Privilege, Disclosure of Documents, Waiver of Privilege, Equitable Relief
Civil Procedure Contract Law Inadvertent Disclosure Legal Professional Privilege Disclosure of Documents Waiver of Privilege Equitable Relief

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Parties

Atlantisrealm Limited

Claimant / Respondent

Intelligent Land Investments (Renewable Energy) Limited

Defendant / Appellant

Procedural Posture

Civil Appeal / Appeal From Interlocutory Judgment (injunction Application)

Legal Issues

  1. 1 Whether the disclosure of a privileged email was inadvertent within the meaning of CPR 31.20
  2. 2 Whether the mistake in disclosure was obvious to the receiving party
  3. 3 Whether the court should exercise its discretion to restrain use of the document

Ratio Decidendi

The disclosure of the privileged March email was inadvertent and the mistake was obvious to the receiving party before use was made of the document; therefore, the court should exercise its discretion to restrain use of the document and require its destruction.

Court Disposition

Appeal allowed

Orders

  • Atlantisrealm is restrained from using or referring to the March email in the proceedings.
  • Atlantisrealm must give up or destroy all copies of the March email.