Eurasian Natural Resources Corporation Ltd v Dechert LLP

Eurasian Natural Resources Corporation Ltd v Dechert LLP

Permission to appeal is granted because the question of whether there is a limited implied waiver of legal professional privilege is of considerable importance and may have wide implications for the conduct of professional negligence actions and the development of the law.

Parties
Respondent/appellant: Eurasian Natural Resources Corporation Limited; Applicant/respondent: Dechert LLP
Jurisdiction
England and Wales
Judgment Date
09 July 2015
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Implied Waiver, Open Justice, Costs Assessment, Private Hearings
Civil Procedure Legal Professional Privilege Implied Waiver Open Justice Costs Assessment Private Hearings

Case Brief

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Parties

Eurasian Natural Resources Corporation Limited

Respondent/appellant

Dechert LLP

Applicant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether ENRC impliedly waived legal professional privilege by bringing proceedings for taxation of bills
  2. 2 Whether the waiver is limited or general
  3. 3 Whether the hearing should be conducted in private

Ratio Decidendi

Permission to appeal is granted because the question of whether there is a limited implied waiver of legal professional privilege is of considerable importance and may have wide implications for the conduct of professional negligence actions and the development of the law.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal from the order of Roth J dated 24 October 2014 is granted