PJSC Tatneft v Bogolyubov & Ors [2020] EWHC 2437 (Comm) (11 September 2020)

PJSC Tatneft v Bogolyubov & Ors [2020] EWHC 2437 (Comm) (11 September 2020)

Legal advice privilege under English law extends to communications with foreign lawyers, including in-house lawyers, regardless of their regulation, qualification, or status under foreign law. The only requirement is that the lawyer acts in a professional legal capacity for the purpose of giving legal advice. The court will not investigate the standards or regulation of the foreign lawyer. Accordingly, Tatneft's claim to legal advice privilege over communications with its in-house legal department is valid.

Citation
[2020] EWHC 2437 (Comm)
Parties
Claimant: PJSC Tatneft; First Defendant: Gennady Bogolyubov; Second Defendant: Igor Komoloisky; Third Defendant: Alexander Yaroslavsky; Fourth Defendant: Pavel Ovcharenko
Jurisdiction
England and Wales
Judgment Date
11 September 2020
Procedural Posture
Commercial Court Application (pre Trial Review) / Interlocutory Application Regarding Legal Advice Privilege
Outcome
Application refused
Legal Topics
Legal Advice Privilege, Disclosure Obligations, Foreign in House Lawyers, Professional Legal Privilege
Civil Procedure Evidence Legal Advice Privilege Disclosure Obligations Foreign in House Lawyers Professional Legal Privilege

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Parties

PJSC Tatneft

Claimant

Gennady Bogolyubov

First Defendant

Igor Komoloisky

Second Defendant

Alexander Yaroslavsky

Third Defendant

Pavel Ovcharenko

Fourth Defendant

Procedural Posture

Commercial Court Application (pre Trial Review) / Interlocutory Application Regarding Legal Advice Privilege

Legal Issues

  1. 1 Does legal advice privilege under English law extend to communications with foreign in-house lawyers who are not 'Advocates' under Russian law?
  2. 2 Is it necessary for foreign in-house lawyers to be 'appropriately qualified' or regulated for privilege to apply?
  3. 3 Should Tatneft be ordered to provide disclosure of documents withheld on the basis of legal advice privilege with its in-house legal department?

Ratio Decidendi

Legal advice privilege under English law extends to communications with foreign lawyers, including in-house lawyers, regardless of their regulation, qualification, or status under foreign law. The only requirement is that the lawyer acts in a professional legal capacity for the purpose of giving legal advice. The court will not investigate the standards or regulation of the foreign lawyer. Accordingly, Tatneft's claim to legal advice privilege over communications with its in-house legal department is valid.

Court Disposition

Application refused

Orders

  • The application for an order requiring Tatneft to provide inspection of documents withheld on the basis of legal advice privilege with its in-house legal department is refused.
  • No further explanation as to the basis of privilege in respect of communications with in-house employees is required.