Jinxin Inc v Aser Media PTE Limited & Ors

Jinxin Inc v Aser Media PTE Limited & Ors

The circumstances did not destroy confidentiality or privilege in favour of the Tort Defendants as against Jinxin; neither the corporate context nor the Shareholders' Agreement authorised unrestricted disclosure of privileged material. The evidence was insufficient to justify a declaration that privilege was lost in all relevant documents.

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 / Ruling on Application for Declaration Regarding Privilege
Outcome
Application dismissed
Legal Topics
Legal Professional Privilege, Confidentiality, Declaratory Relief, Shareholder Rights
Civil Procedure Commercial Law Legal Professional Privilege Confidentiality Declaratory Relief 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 / Ruling on Application for Declaration Regarding Privilege

Legal Issues

  1. 1 Whether Tort Defendants can claim privilege against Claimant over documents held on MPS computer systems
  2. 2 Whether circumstances imported an obligation of confidentiality regarding such documents
  3. 3 Effect of Shareholders' Agreement on confidentiality and privilege

Ratio Decidendi

The circumstances did not destroy confidentiality or privilege in favour of the Tort Defendants as against Jinxin; neither the corporate context nor the Shareholders' Agreement authorised unrestricted disclosure of privileged material. The evidence was insufficient to justify a declaration that privilege was lost in all relevant documents.

Court Disposition

Application dismissed

Orders

  • No declaration issued regarding privilege
  • Court to hear parties on consequential matters and disclosure process