Al Sadeq v Dechert LLP & Ors [2024] EWCA Civ 28 (24 January 2024)

Al Sadeq v Dechert LLP & Ors [2024] EWCA Civ 28 (24 January 2024)

The Court upheld the High Court's decision that the iniquity exception only applies to documents created for the purpose of furthering iniquity, not merely reporting on or generated by iniquitous conduct. The threshold is a strong prima facie case. Litigation privilege applies even where the client is not a party to contemplated proceedings if there is sufficient interest. The Three Rivers (No 5) principle remains binding for legal advice privilege. The appeal was dismissed except for the one conceded point regarding prison conditions at Al Barirat, for which no further documents were found.

Citation
[2024] EWCA Civ 28
Parties
Claimant/appellant: Karam Salah Al Din Awni Al Sadeq; Defendant/respondent: Dechert LLP; Defendant/respondent: Neil Gerrard; Defendant/respondent: David Hughes; Defendant/respondent: Caroline Black
Jurisdiction
England and Wales
Judgment Date
24 January 2024
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed, cross-appeal dismissed except for preservation of Three Rivers (No 5) point.
Legal Topics
Litigation Privilege, Legal Advice Privilege, Iniquity Exception, Disclosure, Threshold for Iniquity Exception
Civil Procedure Legal Professional Privilege Human Rights Litigation Privilege Legal Advice Privilege Iniquity Exception Disclosure Threshold for Iniquity Exception

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Parties

Karam Salah Al Din Awni Al Sadeq

Claimant/appellant

Dechert LLP

Defendant/respondent

Neil Gerrard

Defendant/respondent

David Hughes

Defendant/respondent

Caroline Black

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Scope of legal professional privilege
  2. 2 Application of iniquity exception to privilege
  3. 3 Threshold for iniquity exception

Ratio Decidendi

The Court upheld the High Court's decision that the iniquity exception only applies to documents created for the purpose of furthering iniquity, not merely reporting on or generated by iniquitous conduct. The threshold is a strong prima facie case. Litigation privilege applies even where the client is not a party to contemplated proceedings if there is sufficient interest. The Three Rivers (No 5) principle remains binding for legal advice privilege. The appeal was dismissed except for the one conceded point regarding prison conditions at Al Barirat, for which no further documents were found.

Court Disposition

Appeal dismissed, cross-appeal dismissed except for preservation of Three Rivers (No 5) point.

Orders

  • Privilege claims upheld except for one conceded point regarding prison conditions at Al Barirat.
  • No further disclosure ordered beyond conceded point.