Istil Group Inc & Anor v Zahoor & Ors [2003] EWHC 165 (Ch) (14 February 2003)

Istil Group Inc & Anor v Zahoor & Ors [2003] EWHC 165 (Ch) (14 February 2003)

Litigation privilege attached to the e-mail correspondence between the claimants (and their solicitors) and ISTIL Friend, as the communications were for the dominant purpose of litigation. The privilege was not lost by the fact that ISTIL Friend was anonymous or by the claimants' reliance on documents from that...

Source-derived case information.

Citation
[2003] EWHC 165 (Ch)
Parties
Claimant: ISTIL GROUP INC; Claimant: METALSUKRAINE CORPORATION LIMITED; Defendant: MOHAMMAD ZAHOOR; Defendant: REVENTOX CONSULTING LIMITED; Part 20 Claimant: MOHAMMAD ZAHOOR; Part 20 Defendant: ISTIL GROUP INC; Part 20 Defendant: INTERNATIONAL STEEL AND TUBE INDUSTRIES LIMITED
Jurisdiction
England and Wales
Judgment Date
14 February 2003
Procedural Posture
Chancery Division Civil Claim and Part 20 Claim / Interlocutory Application for Injunction to Restrain Use of Privileged Documents
Outcome
Injunction granted
Legal Topics
Legal Professional Privilege, Litigation Privilege, Confidentiality, Injunctions, Waiver of Privilege, Fraud Exception to Privilege
Civil Procedure Equity Evidence Legal Professional Privilege Litigation Privilege Confidentiality Injunctions Waiver of Privilege +1 more

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Parties

ISTIL GROUP INC

Claimant

METALSUKRAINE CORPORATION LIMITED

Claimant

MOHAMMAD ZAHOOR

Defendant

REVENTOX CONSULTING LIMITED

Defendant

MOHAMMAD ZAHOOR

Part 20 Claimant

ISTIL GROUP INC

Part 20 Defendant

INTERNATIONAL STEEL AND TUBE INDUSTRIES LIMITED

Part 20 Defendant

Procedural Posture

Chancery Division Civil Claim and Part 20 Claim / Interlocutory Application for Injunction to Restrain Use of Privileged Documents

Legal Issues

  1. 1 Whether the defendants should be restrained from using or compelled to deliver up e-mail correspondence obtained from a third party (ISTIL Friend) alleged to be privileged and confidential
  2. 2 Whether litigation privilege attaches to communications between a party (or its solicitor) and a potential witness, especially where the witness is anonymous and discloses the communications to the opposing party
  3. 3 Whether privilege is lost or waived by the conduct of the claimants or by reliance on documents from an anonymous source

Ratio Decidendi

Litigation privilege attached to the e-mail correspondence between the claimants (and their solicitors) and ISTIL Friend, as the communications were for the dominant purpose of litigation. The privilege was not lost by the fact that ISTIL Friend was anonymous or by the claimants' reliance on documents from that source. The fraud exception did not apply as there was no prima facie evidence of fraud by the claimants or their solicitors. The court had no discretion to refuse an injunction restraining use of the privileged documents, except on general equitable grounds, which were not present. The defendants were restrained from using the privileged e-mails.

Court Disposition

Injunction granted

Orders

  • Defendants restrained from using the privileged e-mail correspondence obtained from ISTIL Friend.
  • Defendants to deliver up all copies of the privileged documents in their possession.