Berezovsky v Hine & Anor

Berezovsky v Hine & Anor

Privilege in the redacted material from proofing sessions was lost as against Badri and his estate due to disclosure for proofing purposes, but not as against the Family Defendants; Interim Administrators and Mrs. Gudavadze (if present at meetings) are entitled to inspect the material, but Family Defendants are not unless legitimate estate interests require it.

Parties
Claimant: Boris Berezovsky; Defendants: Andrew Denys Hine & Janet Lucy Gibson (as the Joint Interim Administrators of the Estate of the Late Arkadi Patarkatsishvili) & Ors.
Jurisdiction
England and Wales
Judgment Date
06 July 2011
Procedural Posture
Civil / Judgment on Application for Inspection of Disclosed Documents
Outcome
Application granted in part
Legal Topics
Legal Professional Privilege, Disclosure, Waiver of Privilege, Confidentiality
Civil Procedure Evidence Legal Professional Privilege Disclosure Waiver of Privilege Confidentiality

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Parties

Boris Berezovsky

Claimant

Andrew Denys Hine & Janet Lucy Gibson (as the Joint Interim Administrators of the Estate of the Late Arkadi Patarkatsishvili) & Ors.

Defendants

Procedural Posture

Civil / Judgment on Application for Inspection of Disclosed Documents

Legal Issues

  1. 1 Whether privilege can be maintained over redacted material in proofing documents disclosed to a witness
  2. 2 Extent of waiver of privilege when privileged material is disclosed to a witness
  3. 3 Whether privilege can be asserted against the estate and other defendants

Ratio Decidendi

Privilege in the redacted material from proofing sessions was lost as against Badri and his estate due to disclosure for proofing purposes, but not as against the Family Defendants; Interim Administrators and Mrs. Gudavadze (if present at meetings) are entitled to inspect the material, but Family Defendants are not unless legitimate estate interests require it.

Court Disposition

Application granted in part

Orders

  • Interim Administrators are entitled to inspection of redacted privileged material from proofing sessions.
  • Mrs. Gudavadze is entitled to inspection of privileged material disclosed at meetings she attended.