Berezovsky v Hine & Ors

The draft witness statements were sent for the limited purpose of assisting Mr Patarkatsishvili’s asylum claim and ensuring consistency of evidence; any waiver of privilege was limited to that purpose and did not permit deployment by the Family Defendants in the overlap issues of the Chancery actions.

Parties: Claimant: Boris Berezovsky; Defendants: Hine & Ors (Family Defendants)
Jurisdiction: England and Wales
Judgment Date: 07 October 2011
Procedural Posture: Civil Appeal / Appeal From High Court, Chancery Division
Outcome: Appeal allowed
Legal Topics: Legal Professional Privilege, Waiver of Privilege, Disclosure of Documents, Common Interest Privilege

Civil Procedure Evidence Privilege Legal Professional Privilege Waiver of Privilege Disclosure of Documents Common Interest Privilege

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Parties

Boris Berezovsky

Claimant

Hine & Ors (Family Defendants)

Defendants

Procedural Posture

Civil Appeal / Appeal From High Court, Chancery Division

Legal Issues

1 Whether draft witness statements prepared for litigation and shared with another party's solicitors retain privilege and can be deployed by the recipient in subsequent litigation against the original party
2 Scope and limits of waiver of privilege when documents are shared for a limited purpose

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Family Defendants prohibited from using or deploying the draft witness statements at the trial of the overlap issues.
No determination made regarding use of the draft statements in other parts of the Chancery actions; application required for such use.