Findlay v Cantor Index Ltd & Ors

Findlay v Cantor Index Ltd & Ors

Privilege in the Conditional Fee Agreement and counsel's opinion was not waived by disclosure of the risk assessment or references in correspondence. The risk assessment was an internal document predating the CFA, and no express or implied waiver occurred. Disclosure to the defendants is not warranted absent the election procedure under CPR 40.14.

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 / Ruling on Application for Disclosure of CFA and Counsel's Opinion
Outcome
Application for disclosure on grounds of waiver dismissed
Legal Topics
Conditional Fee Agreements, Privilege, Disclosure, Success Fee, Detailed Assessment
Civil Procedure Costs Conditional Fee Agreements Privilege Disclosure Success Fee Detailed Assessment

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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 / Ruling on Application for Disclosure of CFA and Counsel's Opinion

Legal Issues

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

Ratio Decidendi

Privilege in the Conditional Fee Agreement and counsel's opinion was not waived by disclosure of the risk assessment or references in correspondence. The risk assessment was an internal document predating the CFA, and no express or implied waiver occurred. Disclosure to the defendants is not warranted absent the election procedure under CPR 40.14.

Court Disposition

Application for disclosure on grounds of waiver dismissed

Orders

  • Application for disclosure of CFA and counsel's opinion on grounds of waiver is dismissed
  • Defendants may pursue disclosure under the election procedure if a genuine factual issue is identified