Aabar Holdings SARL & Ors v Glencore PLC & Ors [2026] EWHC 877 (Comm) (16 April 2026)

Aabar Holdings SARL & Ors v Glencore PLC & Ors [2026] EWHC 877 (Comm) (16 April 2026)

Legal advice privilege applies to intra-client documents created or exchanged between members of the client group for the dominant purpose of seeking legal advice, not only to communications between client and lawyer. Three Rivers (No 5) does not restrict privilege solely to lawyer-client communications and is not authority for excluding intra-client documents from privilege.

Citation
[2026] EWHC 877 (Comm)
Parties
Claimants: AABAR HOLDINGS S.À. R. L. & OTHERS; First Defendant: GLENCORE PLC; Second Defendant: IVAN GLASENBERG; Third Defendant: STEVEN FRANK KALMIN
Jurisdiction
England and Wales
Judgment Date
16 April 2026
Procedural Posture
Commercial Court Financial List / Interlocutory Judgment on Privilege Related Issue
Outcome
Claimants' application rejected; Glencore's approach to legal advice privilege upheld.
Legal Topics
Legal Professional Privilege, Legal Advice Privilege, Corporate Client Definition, Disclosure Obligations
Civil Procedure Evidence Legal Professional Privilege Legal Advice Privilege Corporate Client Definition Disclosure Obligations

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Parties

AABAR HOLDINGS S.À. R. L. & OTHERS

Claimants

GLENCORE PLC

First Defendant

IVAN GLASENBERG

Second Defendant

STEVEN FRANK KALMIN

Third Defendant

Procedural Posture

Commercial Court Financial List / Interlocutory Judgment on Privilege Related Issue

Legal Issues

  1. 1 Scope of legal advice privilege for intra-client communications
  2. 2 Applicability of privilege to internal documents between members of the client group

Ratio Decidendi

Legal advice privilege applies to intra-client documents created or exchanged between members of the client group for the dominant purpose of seeking legal advice, not only to communications between client and lawyer. Three Rivers (No 5) does not restrict privilege solely to lawyer-client communications and is not authority for excluding intra-client documents from privilege.

Court Disposition

Claimants' application rejected; Glencore's approach to legal advice privilege upheld.

Orders

  • Glencore is not required to produce intra-client documents withheld on the basis of legal advice privilege if created for the dominant purpose of seeking legal advice.