Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd [2022] EWHC 1136 (Comm) (13 May 2022)

Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd [2022] EWHC 1136 (Comm) (13 May 2022)

The identity of persons authorised to give instructions to solicitors is not covered by litigation privilege unless disclosure would undermine privilege or reveal confidential communications. In this case, privilege will not be undermined by disclosure, so the information must be provided.

Citation
[2022] EWHC 1136 (Comm)
Parties
Claimant/respondent: Loreley Financing (Jersey) No 30 Limited; Defendant/applicant: Credit Suisse Securities (Europe) Limited; Defendant/applicant: Credit Suisse International; Defendant/applicant: Credit Suisse Securities (USA) LLC; Defendant/applicant: Credit Suisse AG
Jurisdiction
England and Wales
Judgment Date
13 May 2022
Procedural Posture
Commercial Court (qbd) Financial List / Interlocutory Application Regarding Legal Professional Privilege
Outcome
Application granted in part; Loreley must disclose the identity of persons authorised to instruct solicitors.
Legal Topics
Legal Professional Privilege, Litigation Privilege, Legal Advice Privilege, Disclosure, Redactions
Civil Procedure Evidence Commercial Law Legal Professional Privilege Litigation Privilege Legal Advice Privilege Disclosure Redactions

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Parties

Loreley Financing (Jersey) No 30 Limited

Claimant/respondent

Credit Suisse Securities (Europe) Limited

Defendant/applicant

Credit Suisse International

Defendant/applicant

Credit Suisse Securities (USA) LLC

Defendant/applicant

Credit Suisse AG

Defendant/applicant

Procedural Posture

Commercial Court (qbd) Financial List / Interlocutory Application Regarding Legal Professional Privilege

Legal Issues

  1. 1 Is the identity of persons authorised to give instructions to solicitors on behalf of a corporate client in ongoing litigation covered by litigation privilege?
  2. 2 Are redactions in documents justified on grounds of litigation privilege or legal advice privilege?

Ratio Decidendi

The identity of persons authorised to give instructions to solicitors is not covered by litigation privilege unless disclosure would undermine privilege or reveal confidential communications. In this case, privilege will not be undermined by disclosure, so the information must be provided.

Court Disposition

Application granted in part; Loreley must disclose the identity of persons authorised to instruct solicitors.

Orders

  • Loreley to provide a full response to the relevant CPR Part 18 Request regarding authorised individuals.
  • Loreley and RPC to review redactions in light of this decision, specifying privilege claimed and supporting with specific evidence.