Berezovsky v Hine & Ors [2011] EWCA Civ 1089 (07 October 2011)

Berezovsky v Hine & Ors [2011] EWCA Civ 1089 (07 October 2011)

The Court of Appeal held that the waiver of privilege by Mr Berezovsky in sending the draft witness statements to Mr Patarkatsishvili's solicitors was limited to their use in connection with Mr Patarkatsishvili's asylum claim and to avoid inconsistency in evidence, and did not extend to permitting their use by the Family Defendants in the Chancery actions against Mr Berezovsky. Accordingly, the Family Defendants could not deploy the draft witness statements in the trial of the overlap issues.

Citation
[2011] EWCA Civ 1089
Parties
Claimant: Boris Berezovsky; Defendants: Hine & Ors (Family Defendants)
Jurisdiction
England and Wales
Judgment Date
07 October 2011
Procedural Posture
Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Legal Professional Privilege, Waiver of Privilege, Disclosure of Documents, Common Interest Privilege
Civil Procedure Evidence Legal Professional Privilege Waiver of Privilege Disclosure of Documents Common Interest Privilege

Case Brief

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Parties

Boris Berezovsky

Claimant

Hine & Ors (Family Defendants)

Defendants

Procedural Posture

Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the draft witness statements prepared for Mr Berezovsky and shared with Mr Patarkatsishvili's solicitors lost privilege and could be used by the Family Defendants in the Chancery actions, specifically in the trial of the overlap issues.

Ratio Decidendi

The Court of Appeal held that the waiver of privilege by Mr Berezovsky in sending the draft witness statements to Mr Patarkatsishvili's solicitors was limited to their use in connection with Mr Patarkatsishvili's asylum claim and to avoid inconsistency in evidence, and did not extend to permitting their use by the Family Defendants in the Chancery actions against Mr Berezovsky. Accordingly, the Family Defendants could not deploy the draft witness statements in the trial of the overlap issues.

Court Disposition

Appeal allowed

Orders

  • The Family Defendants are prohibited from using or deploying the draft witness statements at the trial of the overlap issues.
  • Any application to use the draft statements in other parts of the Chancery actions must be made to the court.