Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Anor

Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Anor

Instructions from SM Multiartha to Ashurst are privileged and confidential as they were given in a relevant legal context and are directly related to Ashurst’s role as legal adviser. Disclosure of documents containing such instructions or variations is not permitted. Disclosure of the balance of Ashurst’s client account is allowed as it does not involve legal advice privilege.

Parties
Claimant: Raiffeisen Bank International AG; First Defendant: Asia Coal Energy Ventures Limited; Second Defendant: Ashurst LLP
Jurisdiction
England and Wales
Judgment Date
15 January 2019
Procedural Posture
Commercial Court Application / Interlocutory Application for Further Information and Specific Disclosure
Outcome
Application for disclosure of instructions and variations refused; application for disclosure of client account balance granted.
Legal Topics
Legal Professional Privilege, Disclosure, Misrepresentation, Duty of Care, Contractual Construction
Civil Procedure Commercial Law Legal Professional Privilege Disclosure Misrepresentation Duty of Care Contractual Construction

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Parties

Raiffeisen Bank International AG

Claimant

Asia Coal Energy Ventures Limited

First Defendant

Ashurst LLP

Second Defendant

Procedural Posture

Commercial Court Application / Interlocutory Application for Further Information and Specific Disclosure

Legal Issues

  1. 1 Whether instructions given to Ashurst LLP by SM Multiartha are privileged and confidential
  2. 2 Whether Ashurst LLP must disclose documents containing instructions or variations thereof
  3. 3 Whether Ashurst LLP must answer requests for further information regarding instructions and individuals involved

Ratio Decidendi

Instructions from SM Multiartha to Ashurst are privileged and confidential as they were given in a relevant legal context and are directly related to Ashurst’s role as legal adviser. Disclosure of documents containing such instructions or variations is not permitted. Disclosure of the balance of Ashurst’s client account is allowed as it does not involve legal advice privilege.

Court Disposition

Application for disclosure of instructions and variations refused; application for disclosure of client account balance granted.

Orders

  • Ashurst LLP to disclose and allow inspection of the balance of its client account as set out in paragraph 1(c) of the draft order.
  • Requests for disclosure of documents containing instructions, variations, or related communications refused.