PJSC Tatneft v Bogolyubov & Ors [2020] EWHC 3225 (Comm) (24 November 2020)

PJSC Tatneft v Bogolyubov & Ors [2020] EWHC 3225 (Comm) (24 November 2020)

Privilege is only waived where there is both a sufficient reference to privileged material and reliance on it to advance a party's case. Narrative references or denials do not generally amount to waiver. Where waiver is found, the scope is limited to the transaction or issue to which the reference relates, not all documents on the same topic. The court must avoid both artificially narrow and wide outcomes, guided by fairness but not fairness alone.

Citation
[2020] EWHC 3225 (Comm)
Parties
Claimant: PJSC Tatneft; First Defendant: Gennadiy Bogolyubov; Second Defendant: Igor Kolomoisky; Third Defendant: Alexander Yaroslavsky; Fourth Defendant: Pavel Ovcharenko
Jurisdiction
England and Wales
Judgment Date
24 November 2020
Procedural Posture
Commercial Court Application (waiver of Privilege) / Interlocutory Application During Trial
Outcome
Application granted in part and refused in part.
Legal Topics
Legal Professional Privilege, Waiver of Privilege, Disclosure of Documents, Scope of Waiver, Litigation Procedure
Civil Procedure Evidence Legal Professional Privilege Waiver of Privilege Disclosure of Documents Scope of Waiver Litigation Procedure

Case Brief

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Parties

PJSC Tatneft

Claimant

Gennadiy Bogolyubov

First Defendant

Igor Kolomoisky

Second Defendant

Alexander Yaroslavsky

Third Defendant

Pavel Ovcharenko

Fourth Defendant

Procedural Posture

Commercial Court Application (waiver of Privilege) / Interlocutory Application During Trial

Legal Issues

  1. 1 Whether there has been a waiver of privilege in respect of certain communications and legal advice
  2. 2 If so, the scope of such waivers
  3. 3 Whether an order for inspection of withheld documents should be made

Ratio Decidendi

Privilege is only waived where there is both a sufficient reference to privileged material and reliance on it to advance a party's case. Narrative references or denials do not generally amount to waiver. Where waiver is found, the scope is limited to the transaction or issue to which the reference relates, not all documents on the same topic. The court must avoid both artificially narrow and wide outcomes, guided by fairness but not fairness alone.

Court Disposition

Application granted in part and refused in part.

Orders

  • Declaration that privilege has been waived in respect of the advice and communications identified in the judgment, limited to the scope specified by the court.
  • Order for disclosure of communications reporting the outcome and advice provided in 2012 of the product of the second criminal complaint, but not the underlying materials or broader categories sought by the defendant.