Tchenguiz & Ors v The Director of the Serious Fraud Office [2017] EWHC 2644 (Comm) (27 October 2017)

Tchenguiz & Ors v The Director of the Serious Fraud Office [2017] EWHC 2644 (Comm) (27 October 2017)

Declarations sought by the claimants regarding entitlement to use the 17 documents are refused as unnecessary or unfounded; the public domain argument requires further evidence and cannot be determined at this stage; permission is granted under CPR 31.22(1)(b) to use 97 other documents (except 3) as no privilege or immunity is asserted over them; further argument and evidence are required regarding the 17 documents and any privilege claims by GT(UK).

Citation
[2017] EWHC 2644 (Comm)
Parties
Claimants: Vincent Aziz Tchenguiz and Others; Defendant (in 2013 Folios 1448/1449): The Director of the Serious Fraud Office; Defendant (in CL 2014 001023): Grant Thornton UK LLP; Defendant (in CL 2014 001023): Stephen John Akers; Defendant (in CL 2014 001023): Hossein Hamedani; Defendant (in CL 2014 001023): Jóhannes Rúnar Jóhannsson; Third Party (in CL 2014 001023): William Procter
Jurisdiction
England and Wales
Judgment Date
27 October 2017
Procedural Posture
Commercial Court Interim Applications / Interim Judgment on Document Use and Privilege Applications
Outcome
Declarations refused; permission granted to use 97 documents (except 3); further directions for evidence and hearing on 17 documents and privilege claims.
Legal Topics
Legal Professional Privilege, Public Interest Immunity, Disclosure of Documents, Inadvertent Disclosure, Use of Documents in Litigation, Case Management
Civil Procedure Commercial Law Legal Professional Privilege Public Interest Immunity Disclosure of Documents Inadvertent Disclosure Use of Documents in Litigation Case Management

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Parties

Vincent Aziz Tchenguiz and Others

Claimants

The Director of the Serious Fraud Office

Defendant (in 2013 Folios 1448/1449)

Grant Thornton UK LLP

Defendant (in CL 2014 001023)

Stephen John Akers

Defendant (in CL 2014 001023)

Hossein Hamedani

Defendant (in CL 2014 001023)

Jóhannes Rúnar Jóhannsson

Defendant (in CL 2014 001023)

William Procter

Third Party (in CL 2014 001023)

Procedural Posture

Commercial Court Interim Applications / Interim Judgment on Document Use and Privilege Applications

Legal Issues

  1. 1 Whether claimants are entitled to use 17 documents allegedly subject to privilege or immunity
  2. 2 Whether the 17 documents are in the public domain
  3. 3 Whether inadvertent disclosure removes privilege

Ratio Decidendi

Declarations sought by the claimants regarding entitlement to use the 17 documents are refused as unnecessary or unfounded; the public domain argument requires further evidence and cannot be determined at this stage; permission is granted under CPR 31.22(1)(b) to use 97 other documents (except 3) as no privilege or immunity is asserted over them; further argument and evidence are required regarding the 17 documents and any privilege claims by GT(UK).

Court Disposition

Declarations refused; permission granted to use 97 documents (except 3); further directions for evidence and hearing on 17 documents and privilege claims.

Orders

  • Refusal of declarations regarding use of 17 documents
  • Permission granted under CPR 31.22(1)(b) to use 97 documents (except 3)