Berezovsky v Hine & Anor [2011] EWHC 1904 (Ch) (06 July 2011)

Berezovsky v Hine & Anor [2011] EWHC 1904 (Ch) (06 July 2011)

Privilege in the redacted material from proofing sessions was lost as against Badri and thus his estate (the Interim Administrators), who are entitled to inspection and use of the material for the estate's interests in the litigation. However, privilege is not waived as against the Family Defendants, who are technically separate parties, except to the extent that the Interim Administrators may legitimately disclose the material to them in the estate's interests. Mrs. Gudavadze, as an attendee at certain meetings, is also entitled to inspection of material disclosed in her presence.

Citation
[2011] EWHC 1904 (Ch)
Parties
Claimant: Boris Berezovsky; Defendants: Andrew Denys Hine & Janet Lucy Gibson (as the Joint Interim Administrators of the Estate of the Late Arkadi Patarkatsishvili) & Ors.
Jurisdiction
England and Wales
Judgment Date
06 July 2011
Procedural Posture
Chancery Division Proceedings (applications for Inspection of Disclosed Documents) / Interlocutory Application Regarding Inspection of Redacted Documents
Outcome
Application granted in part; inspection of redacted material ordered for Interim Administrators and Mrs. Gudavadze (for meetings attended), but not for Family Defendants as such.
Legal Topics
Legal Professional Privilege, Waiver of Privilege, Disclosure and Inspection of Documents, Confidentiality in Litigation, Estate Administration
Civil Procedure Trusts and Estates Evidence Legal Professional Privilege Waiver of Privilege Disclosure and Inspection of Documents Confidentiality in Litigation Estate Administration

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Parties

Boris Berezovsky

Claimant

Andrew Denys Hine & Janet Lucy Gibson (as the Joint Interim Administrators of the Estate of the Late Arkadi Patarkatsishvili) & Ors.

Defendants

Procedural Posture

Chancery Division Proceedings (applications for Inspection of Disclosed Documents) / Interlocutory Application Regarding Inspection of Redacted Documents

Legal Issues

  1. 1 Whether privilege in redacted material from proofing sessions was waived as against Badri Patarkatsishvili and his estate
  2. 2 Whether privilege can be asserted against the Family Defendants
  3. 3 Scope and effect of any waiver of privilege in the context of witness proofing

Ratio Decidendi

Privilege in the redacted material from proofing sessions was lost as against Badri and thus his estate (the Interim Administrators), who are entitled to inspection and use of the material for the estate's interests in the litigation. However, privilege is not waived as against the Family Defendants, who are technically separate parties, except to the extent that the Interim Administrators may legitimately disclose the material to them in the estate's interests. Mrs. Gudavadze, as an attendee at certain meetings, is also entitled to inspection of material disclosed in her presence.

Court Disposition

Application granted in part; inspection of redacted material ordered for Interim Administrators and Mrs. Gudavadze (for meetings attended), but not for Family Defendants as such.

Orders

  • Claimant to provide unredacted copies of the relevant documents to the Interim Administrators of the estate of Badri Patarkatsishvili.
  • Mrs. Gudavadze entitled to inspection of privileged material disclosed at meetings she attended.