Lachaux v Independent Print Ltd [2017] EWCA Civ 1327 (12 September 2017)

Lachaux v Independent Print Ltd [2017] EWCA Civ 1327 (12 September 2017)

Legal professional privilege attached to the documents in question and no exception (such as fraud or waiver) applied; therefore, the defendants were not entitled to retain, use, or disclose the privileged material, and the High Court's order for return, destruction, and restraint was correct.

Citation
[2017] EWCA Civ 1327
Parties
Claimant/respondent: Bruno Lachaux; Defendant/appellant: Independent Print Limited
Jurisdiction
England and Wales
Judgment Date
12 September 2017
Procedural Posture
Appeal (civil) / Appeal From High Court Judgment on Injunctive Relief Regarding Legal Professional Privilege
Outcome
Appeal dismissed
Legal Topics
Legal Professional Privilege, Confidential Information, Injunctive Relief, Disclosure of Privileged Documents, Public Interest Exception, Defamation
Civil Procedure Media Law Confidentiality Legal Professional Privilege Confidential Information Injunctive Relief Disclosure of Privileged Documents Public Interest Exception +1 more

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Parties

Bruno Lachaux

Claimant/respondent

Independent Print Limited

Defendant/appellant

Procedural Posture

Appeal (civil) / Appeal From High Court Judgment on Injunctive Relief Regarding Legal Professional Privilege

Legal Issues

  1. 1 Whether defendants may retain and use documents subject to legal professional privilege (LPP)
  2. 2 Whether public interest or other exceptions override LPP in this context
  3. 3 Whether the claimant's conduct justified withholding injunctive relief

Ratio Decidendi

Legal professional privilege attached to the documents in question and no exception (such as fraud or waiver) applied; therefore, the defendants were not entitled to retain, use, or disclose the privileged material, and the High Court's order for return, destruction, and restraint was correct.

Court Disposition

Appeal dismissed

Orders

  • Defendants must return the privileged documents to the claimant.
  • Defendants must destroy all copies of the privileged documents.