Rochester Resources Ltd & Ors v Lebedev & Anor

Rochester Resources Ltd & Ors v Lebedev & Anor

The draft Complaint and related communications were sent as the first step in settlement negotiations and are protected by without prejudice privilege under English law; expert evidence of New York law is not admissible or required as privilege is determined by English law.

Parties
Claimant: Rochester Resources Limited; Claimant: Viktor F. Vekselberg; Claimant: Leonard V. Blavatnik; Defendant: Leonid L. Lebedev; Defendant: Coral Petroleum Limited
Jurisdiction
England and Wales
Judgment Date
02 July 2014
Procedural Posture
Application / Interlocutory Ruling on Evidentiary Exclusion
Outcome
Application to exclude documents from evidence granted.
Legal Topics
Without Prejudice Privilege, Admissibility of Documents, Conflict of Laws, Anti Suit Injunction
Civil Procedure Evidence Without Prejudice Privilege Admissibility of Documents Conflict of Laws Anti Suit Injunction

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Parties

Rochester Resources Limited

Claimant

Viktor F. Vekselberg

Claimant

Leonard V. Blavatnik

Claimant

Leonid L. Lebedev

Defendant

Coral Petroleum Limited

Defendant

Procedural Posture

Application / Interlocutory Ruling on Evidentiary Exclusion

Legal Issues

  1. 1 Whether the draft Complaint and related communications are protected by without prejudice privilege under English law
  2. 2 Whether expert evidence of New York law is admissible or relevant to the privilege question
  3. 3 Whether the communications constitute genuine settlement negotiations or merely a letter before action

Ratio Decidendi

The draft Complaint and related communications were sent as the first step in settlement negotiations and are protected by without prejudice privilege under English law; expert evidence of New York law is not admissible or required as privilege is determined by English law.

Court Disposition

Application to exclude documents from evidence granted.

Orders

  • Claimants refused permission to adduce expert evidence of New York law.
  • Draft Complaint and related communications excluded from evidence as privileged.