Somatra Ltd v Sinclair Roche & Temperley (A Firm) [2000] EWCA Civ 229 (26 July 2000)

Somatra Ltd v Sinclair Roche & Temperley (A Firm) [2000] EWCA Civ 229 (26 July 2000)

Where a party deploys without prejudice material in support of its case on the merits in an interlocutory application (here, a Mareva injunction), it loses the right to object to the admissibility of that material at trial; however, legal professional privilege over internal solicitor documents is upheld if the evidence supports that they were created for the purpose of legal advice.

Citation
[2000] EWCA Civ 229
Parties
Claimant/appellant: Somatra; Respondent/defendant/counterclaimant: Sinclairs
Jurisdiction
England and Wales
Judgment Date
26 July 2000
Procedural Posture
Commercial Court Action and Appeal / Appeal From First Instance Decision Regarding Admissibility of Evidence and Privilege
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Without Prejudice Communications, Waiver of Privilege, Admissibility of Evidence, Mareva (freezing) Injunctions, Legal Professional Privilege
Civil Procedure Evidence Legal Professional Privilege Without Prejudice Communications Waiver of Privilege Admissibility of Evidence Mareva (freezing) Injunctions

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Parties

Somatra

Claimant/appellant

Sinclairs

Respondent/defendant/counterclaimant

Procedural Posture

Commercial Court Action and Appeal / Appeal From First Instance Decision Regarding Admissibility of Evidence and Privilege

Legal Issues

  1. 1 Whether Sinclairs' reliance on without prejudice communications in support of a Mareva injunction waives their right to object to admissibility at trial
  2. 2 Whether documents arising from meetings and conversations are protected by legal professional privilege

Ratio Decidendi

Where a party deploys without prejudice material in support of its case on the merits in an interlocutory application (here, a Mareva injunction), it loses the right to object to the admissibility of that material at trial; however, legal professional privilege over internal solicitor documents is upheld if the evidence supports that they were created for the purpose of legal advice.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Appeal allowed on admissibility of without prejudice communications at trial
  • Sinclairs' claim for legal professional privilege over internal documents upheld