Atlantisrealm Ltd v Intelligent Land Investments (Renewable Energy) Ltd

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

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
Outcome: Appeal allowed
Legal Topics: Inadvertent Disclosure, Legal Professional Privilege, Disclosure of Documents, Waiver of Privilege

Civil Procedure Contract Law Inadvertent Disclosure Legal Professional Privilege Disclosure of Documents Waiver of Privilege

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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

Legal Issues

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

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

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