Glenn & Anor v Watson & Ors

Glenn & Anor v Watson & Ors

Pleading confidential matters does not constitute waiver of confidentiality; the party retains the right to insist that those owing duties of confidentiality do not discuss such matters before trial. Disclosure and pleading make the matters relevant and disclosable for trial, but do not release witnesses from pre-trial confidentiality obligations.

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
Civil / Ruling on Interlocutory Applications at Third Case Management Conference
Outcome
Application dismissed
Legal Topics
Waiver of Confidentiality, Privilege, Disclosure, Expert Evidence, Case Management
Civil Procedure Trusts and Equity Confidentiality Waiver of Confidentiality Privilege Disclosure Expert Evidence Case Management

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 20 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

Civil / Ruling on Interlocutory Applications at Third Case Management Conference

Legal Issues

  1. 1 Whether pleading confidential matters constitutes waiver of confidentiality
  2. 2 Appropriate scope of questions to US tax law experts
  3. 3 Whether additional topics can be discussed with a prospective witness prior to trial

Ratio Decidendi

Pleading confidential matters does not constitute waiver of confidentiality; the party retains the right to insist that those owing duties of confidentiality do not discuss such matters before trial. Disclosure and pleading make the matters relevant and disclosable for trial, but do not release witnesses from pre-trial confidentiality obligations.

Court Disposition

Application dismissed

Orders

  • Defendants' application for interim declaration regarding waiver of confidentiality is dismissed.
  • Claimants' proposed follow-up questions to US tax law experts are allowed.