Findlay v Cantor Index Ltd & Ors [2008] EWHC 90116 (Costs) (02 September 2008)

Findlay v Cantor Index Ltd & Ors [2008] EWHC 90116 (Costs) (02 September 2008)

Privilege in the CFA and counsel's opinion was not waived by disclosure of the risk assessment or by references in correspondence; therefore, the defendants are not entitled to disclosure of those documents on grounds of waiver.

Citation
[2008] EWHC 90116 (Costs)
Parties
Claimant: Lewis Charles Findlay; Defendant: Cantor Index Limited; Defendant: Cantor Index Holdings LP; Defendant: BGC International (formerly Cantor Fitzgerald International)
Jurisdiction
England and Wales
Judgment Date
02 September 2008
Procedural Posture
Costs Assessment / Application for Disclosure of CFA and Counsel's Opinion at Outset of Detailed Assessment
Outcome
Application for disclosure on grounds of waiver dismissed.
Legal Topics
Conditional Fee Agreements, Legal Professional Privilege, Waiver of Privilege, Detailed Assessment of Costs
Civil Procedure Costs Conditional Fee Agreements Legal Professional Privilege Waiver of Privilege Detailed Assessment of Costs

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Parties

Lewis Charles Findlay

Claimant

Cantor Index Limited

Defendant

Cantor Index Holdings LP

Defendant

BGC International (formerly Cantor Fitzgerald International)

Defendant

Procedural Posture

Costs Assessment / Application for Disclosure of CFA and Counsel's Opinion at Outset of Detailed Assessment

Legal Issues

  1. 1 Whether privilege in the Conditional Fee Agreement (CFA) and counsel's opinion was waived by disclosure of a risk assessment
  2. 2 Whether the defendants are entitled to disclosure of the CFA and counsel's opinion on grounds of waiver

Ratio Decidendi

Privilege in the CFA and counsel's opinion was not waived by disclosure of the risk assessment or by references in correspondence; therefore, the defendants are not entitled to disclosure of those documents on grounds of waiver.

Court Disposition

Application for disclosure on grounds of waiver dismissed.

Orders

  • Application for disclosure of the CFA and counsel's opinion on grounds of waiver is refused.