Addlesee & Ors v Dentons Europe LLP

Addlesee & Ors v Dentons Europe LLP

The court found that the claimants established a strong prima facie case that the Anabus investment scheme was fraudulent, that the defendant was instructed for the purpose of furthering that fraud, and that the iniquity exception to privilege applies. Therefore, privilege does not attach to the relevant documents.

Parties
Claimant: Lee Victor Addlesee and others; Defendant: Dentons Europe LLP
Jurisdiction
England and Wales
Judgment Date
03 March 2020
Procedural Posture
Civil / Interlocutory Application for Disclosure
Outcome
Application granted
Legal Topics
Fraud Exception to Privilege, Disclosure of Documents, Solicitor Client Relationship, Iniquity Exception
Civil Procedure Legal Professional Privilege Fraud Exception to Privilege Disclosure of Documents Solicitor Client Relationship Iniquity Exception

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Lee Victor Addlesee and others

Claimant

Dentons Europe LLP

Defendant

Procedural Posture

Civil / Interlocutory Application for Disclosure

Legal Issues

  1. 1 Whether the iniquity (fraud) exception to legal professional privilege applies to files held by the defendant for its former client Anabus Holdings Limited
  2. 2 Whether there is a strong prima facie case of fraud in relation to the Anabus investment scheme
  3. 3 Whether the defendant was instructed for the purpose of furthering fraud

Ratio Decidendi

The court found that the claimants established a strong prima facie case that the Anabus investment scheme was fraudulent, that the defendant was instructed for the purpose of furthering that fraud, and that the iniquity exception to privilege applies. Therefore, privilege does not attach to the relevant documents.

Court Disposition

Application granted

Orders

  • The fraud exception applies to documents held by the defendant for Anabus which would otherwise be privileged.