BGC Brokers LP & Ors v Tradition (UK) Ltd & Ors

BGC Brokers LP & Ors v Tradition (UK) Ltd & Ors

The relevant parts of the Settlement Agreement and the 25 October 2017 email are not protected from inspection by either without prejudice privilege or litigation privilege because the Settlement Agreement was not a negotiation but a concluded contract, and the dominant purpose of incorporating the communications was to police the agreement, not for litigation.

Parties
Appellant: BGC Brokers LP; Appellant: Martin Brokers Group Limited; Appellant: BGC Services (Holdings) LLP; Respondent: Tradition (UK) Limited; Respondent: Anthony John Vowell; Respondent: Michael Anderson
Jurisdiction
England and Wales
Judgment Date
18 November 2019
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Without Prejudice Privilege, Litigation Privilege, Inspection of Documents
Civil Procedure Evidence Without Prejudice Privilege Litigation Privilege Inspection of Documents

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Parties

BGC Brokers LP

Appellant

Martin Brokers Group Limited

Appellant

BGC Services (Holdings) LLP

Appellant

Tradition (UK) Limited

Respondent

Anthony John Vowell

Respondent

Michael Anderson

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the relevant parts of the Settlement Agreement and the 25 October 2017 email are protected from inspection by without prejudice privilege or litigation privilege.

Ratio Decidendi

The relevant parts of the Settlement Agreement and the 25 October 2017 email are not protected from inspection by either without prejudice privilege or litigation privilege because the Settlement Agreement was not a negotiation but a concluded contract, and the dominant purpose of incorporating the communications was to police the agreement, not for litigation.

Court Disposition

Appeal dismissed

Orders

  • Inspection of the unredacted Settlement Agreement and the 25 October 2017 email is ordered.