Aabar Holdings S.À.R.L. & Ors v Glencore PLC & Ors

Aabar Holdings S.À.R.L. & Ors v Glencore PLC & Ors

Legal advice privilege applies to intra-client documents provided they were created with the dominant purpose of seeking legal advice. Three Rivers (No 5) does not restrict privilege solely to lawyer-client communications; it is not binding authority on intra-client documents.

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 (kbd) Financial List / Privilege Determination Following Extended Disclosure
Outcome
Glencore is entitled to assert legal advice privilege over intra-client documents created for the dominant purpose of seeking legal advice.
Legal Topics
Legal Professional Privilege, Legal Advice Privilege, Intra Client Communications, Dominant Purpose Test
Civil Procedure Evidence Legal Professional Privilege Legal Advice Privilege Intra Client Communications Dominant Purpose Test

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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 (kbd) Financial List / Privilege Determination Following Extended Disclosure

Legal Issues

  1. 1 Does legal advice privilege apply to intra-client documents created for the dominant purpose of seeking legal advice?
  2. 2 Is Three Rivers (No 5) binding authority restricting privilege to lawyer-client communications only?

Ratio Decidendi

Legal advice privilege applies to intra-client documents provided they were created with the dominant purpose of seeking legal advice. Three Rivers (No 5) does not restrict privilege solely to lawyer-client communications; it is not binding authority on intra-client documents.

Court Disposition

Glencore is entitled to assert legal advice privilege over intra-client documents created for the dominant purpose of seeking legal advice.

Orders

  • Claimants' request for production of intra-client documents withheld on privilege grounds is denied.