Karam Salah Al Din Awni Al Sadeq v Dechert LLP & Ors

Karam Salah Al Din Awni Al Sadeq v Dechert LLP & Ors

The defendants are entitled to withhold inspection of documents on the basis of legal professional privilege as claimed. The iniquity exception only applies to documents created in furtherance of iniquitous conduct, not merely those generated by or reporting on such conduct. The defendants' approach to legal advice privilege, litigation privilege (including for non-party victims with sufficient interest), and redactions was correct. No waiver of privilege occurred. The claimant's privilege application is dismissed in its entirety.

Parties
Claimant: Karam Salah Al Din Awni Al Sadeq; Defendant: Dechert LLP; Defendant: Neil Gerrard; Defendant: David Hughes; Defendant: Caroline Black
Jurisdiction
England and Wales
Judgment Date
05 April 2023
Procedural Posture
Civil / Interlocutory Application—determination of Privilege Claims in Ongoing Proceedings
Outcome
Application dismissed
Legal Topics
Legal Professional Privilege, Litigation Privilege, Legal Advice Privilege, Iniquity Exception, Disclosure and Inspection of Documents, Redaction of Documents, Waiver of Privilege
Civil Procedure Legal Professional Privilege Litigation Privilege Legal Advice Privilege Iniquity Exception Disclosure and Inspection of Documents Redaction of Documents Waiver of Privilege

Case Brief

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Parties

Karam Salah Al Din Awni Al Sadeq

Claimant

Dechert LLP

Defendant

Neil Gerrard

Defendant

David Hughes

Defendant

Caroline Black

Defendant

Procedural Posture

Civil / Interlocutory Application—determination of Privilege Claims in Ongoing Proceedings

Legal Issues

  1. 1 Whether the defendants are entitled to withhold inspection of documents on grounds of legal professional privilege, including legal advice privilege and litigation privilege
  2. 2 Whether the iniquity exception applies to exclude privilege over certain documents
  3. 3 Whether the defendants' approach to redaction and disclosure was proper

Ratio Decidendi

The defendants are entitled to withhold inspection of documents on the basis of legal professional privilege as claimed. The iniquity exception only applies to documents created in furtherance of iniquitous conduct, not merely those generated by or reporting on such conduct. The defendants' approach to legal advice privilege, litigation privilege (including for non-party victims with sufficient interest), and redactions was correct. No waiver of privilege occurred. The claimant's privilege application is dismissed in its entirety.

Court Disposition

Application dismissed