Barclay-Watt & Ors v Alpha Panareti Public Ltd & Ors

Barclay-Watt & Ors v Alpha Panareti Public Ltd & Ors

The disclosure of the witness statements was not obviously mistaken to a reasonable solicitor, and there are no grounds to refuse Defendants permission to use them. The most significant elements of the alleged torts occurred in the UK, so English law (or Scottish law) applies, not Cypriot law.

Parties
Claimant: Andrew James Barclay-Watt & Others; Defendant: Alpha Panareti Public Limited; Defendant: Andreas Ioannou & Others
Jurisdiction
England and Wales
Judgment Date
18 March 2021
Procedural Posture
Commercial Court Claim / Interlocutory Ruling During Trial
Outcome
Defendants granted permission to use the disclosed witness statements; proper law of torts determined as English law (or Scottish law as appropriate).
Legal Topics
Disclosure of Privileged Documents, Proper Law of Torts, Misrepresentation, Negligent Misstatement, Breach of Duty of Care
Private International Law Civil Procedure Disclosure of Privileged Documents Proper Law of Torts Misrepresentation Negligent Misstatement Breach of Duty of Care

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Parties

Andrew James Barclay-Watt & Others

Claimant

Alpha Panareti Public Limited

Defendant

Andreas Ioannou & Others

Defendant

Procedural Posture

Commercial Court Claim / Interlocutory Ruling During Trial

Legal Issues

  1. 1 Whether Defendants may use inadvertently disclosed privileged witness statements
  2. 2 Determination of proper law governing alleged torts

Ratio Decidendi

The disclosure of the witness statements was not obviously mistaken to a reasonable solicitor, and there are no grounds to refuse Defendants permission to use them. The most significant elements of the alleged torts occurred in the UK, so English law (or Scottish law) applies, not Cypriot law.

Court Disposition

Defendants granted permission to use the disclosed witness statements; proper law of torts determined as English law (or Scottish law as appropriate).

Orders

  • Defendants permitted to use the four witness statements disclosed by Claimants.
  • Proper law of the alleged torts is English law (or Scottish law for relevant Claimants).