Glenn & Anor v Watson & Ors [2016] EWHC 3259 (Ch) (16 December 2016)

Glenn & Anor v Watson & Ors [2016] EWHC 3259 (Ch) (16 December 2016)

Pleading confidential matters or documents does not amount to a waiver of confidentiality permitting pre-trial discussions with witnesses who owe a duty of confidence; the right to confidentiality persists until trial, subject to disclosure obligations and the right to question at trial. Privilege and confidentiality are distinct, and the waiver principles applicable to privilege do not extend to mere confidentiality in this context.

Citation
[2016] EWHC 3259 (Ch)
Parties
Claimant: Sir Owen George Glenn KNZM ONZM; Claimant: Kea Investments Limited; Defendant: Eric John Watson; Defendant: Novatrust Limited; Defendant: Miles John Anthony Leahy; Defendant: Nucopia Partners Limited; Defendant: Spartan Capital Limited
Jurisdiction
England and Wales
Judgment Date
16 December 2016
Procedural Posture
Derivative Claim and Related Company Proceedings / Interlocutory Applications at Third Case Management Conference
Outcome
Application dismissed
Legal Topics
Waiver of Confidentiality, Privilege in Litigation, Expert Evidence, Disclosure, Fiduciary Duties
Civil Procedure Equity and Trusts Company Law Waiver of Confidentiality Privilege in Litigation Expert Evidence Disclosure Fiduciary Duties

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 19 Party arguments 2
Sign in to unlock

Parties

Sir Owen George Glenn KNZM ONZM

Claimant

Kea Investments Limited

Claimant

Eric John Watson

Defendant

Novatrust Limited

Defendant

Miles John Anthony Leahy

Defendant

Nucopia Partners Limited

Defendant

Spartan Capital Limited

Defendant

Procedural Posture

Derivative Claim and Related Company Proceedings / Interlocutory Applications at Third Case Management Conference

Legal Issues

  1. 1 Whether claimants waived confidentiality in communications by pleading them
  2. 2 Whether defendants may speak to a prospective witness (Mr Miller) about confidential matters before trial
  3. 3 Appropriate form of questions to US tax law experts

Ratio Decidendi

Pleading confidential matters or documents does not amount to a waiver of confidentiality permitting pre-trial discussions with witnesses who owe a duty of confidence; the right to confidentiality persists until trial, subject to disclosure obligations and the right to question at trial. Privilege and confidentiality are distinct, and the waiver principles applicable to privilege do not extend to mere confidentiality in this context.

Court Disposition

Application dismissed

Orders

  • Defendants' application for interim declaration permitting pre-trial discussions with Mr Miller on additional topics is refused.
  • Claimants' proposed follow-up questions to US tax law experts are allowed.