Jinxin Inc v Aser Media Pte Ltd & Ors [2022] EWHC 2856 (Comm) (01 November 2022)

Jinxin Inc v Aser Media Pte Ltd & Ors [2022] EWHC 2856 (Comm) (01 November 2022)

Privilege and confidentiality are not lost merely because documents are stored on company servers accessible to the company or its shareholders; the circumstances did not justify a declaration that privilege was lost, especially in the absence of detailed evidence as to the content and context of the documents. The shareholders' agreement did not override privilege or confidentiality obligations.

Citation
[2022] EWHC 2856 (Comm)
Parties
Claimant: Jinxin Inc.; First Defendant: Aser Media Pte Limited; Second Defendant: Media Partners and Silva, LLC; Third Defendant: Su Hyeon Cho; Fourth Defendant: Lara Vanjak; Fifth Defendant: Marco Auletta; Sixth Defendant: Riccardo Silva Holding Designated Activity Company; Seventh Defendant: Roberto Dalmiglio; Eighth Defendant: Fong Lee Yuh; Ninth Defendant: Riccardo Silva; Tenth Defendant: Andrea Radrizzani
Jurisdiction
England and Wales
Judgment Date
01 November 2022
Procedural Posture
Commercial Court Claim / Application for Declaration (interlocutory)
Outcome
Application dismissed
Legal Topics
Legal Professional Privilege, Confidentiality, Disclosure of Documents, Corporate Governance, Shareholder Rights
Civil Procedure Commercial Law Evidence Legal Professional Privilege Confidentiality Disclosure of Documents Corporate Governance Shareholder Rights

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Parties

Jinxin Inc.

Claimant

Aser Media Pte Limited

First Defendant

Media Partners and Silva, LLC

Second Defendant

Su Hyeon Cho

Third Defendant

Lara Vanjak

Fourth Defendant

Marco Auletta

Fifth Defendant

Riccardo Silva Holding Designated Activity Company

Sixth Defendant

Roberto Dalmiglio

Seventh Defendant

Fong Lee Yuh

Eighth Defendant

Riccardo Silva

Ninth Defendant

Andrea Radrizzani

Tenth Defendant

Procedural Posture

Commercial Court Claim / Application for Declaration (interlocutory)

Legal Issues

  1. 1 Whether defendants can claim privilege against claimant over documents held on corporate computer systems
  2. 2 Whether confidentiality and privilege are lost in documents stored on company servers accessible to the company and its shareholders
  3. 3 Interpretation of shareholders' agreement regarding access to documents

Ratio Decidendi

Privilege and confidentiality are not lost merely because documents are stored on company servers accessible to the company or its shareholders; the circumstances did not justify a declaration that privilege was lost, especially in the absence of detailed evidence as to the content and context of the documents. The shareholders' agreement did not override privilege or confidentiality obligations.

Court Disposition

Application dismissed

Orders

  • Claimant's application for a declaration is refused
  • Court will hear parties on consequential matters and disclosure process