Dadourian Group International Inc & Ors v Simms & Ors

Dadourian Group International Inc & Ors v Simms & Ors

Privilege does not attach to the Eagle documents because Mr Simms was not a qualified solicitor at the relevant time and the Defendants knew this; privilege was also waived by disclosure of related documents. The fraud exception applies to documents relating to the Brinton by-laws due to a strong prima facie case of misleading the court. DGI is permitted to use the Eagle documents; applications to restrain their use are dismissed. Disclosure of funding sources is refused absent evidence of breach of freezing orders.

Parties
Claimant: Dadourian Group International Inc; Claimant: Alex Dadourian; Claimant: Haig Dadourian; Defendant: Paul Francis Simms; Defendant: Jack Dadourian; Defendant: Helga Dadourian; Defendant: Corporate Defendants (Azuri, Libourne, Ardales, Republic)
Jurisdiction
England and Wales
Judgment Date
25 July 2008
Procedural Posture
Chancery Division Civil Litigation / Post Trial Interlocutory Applications Regarding Disclosure and Privilege
Outcome
Applications by Defendants for injunctions dismissed; DGI's application to use Eagle documents granted; application for disclosure of funding source dismissed; order for letters of authority to be made if not already provided.
Legal Topics
Legal Professional Privilege, Fraud Exception to Privilege, Disclosure of Documents, Freezing Orders, Beneficial Ownership, Abuse of Process
Civil Procedure Trusts and Equity Fraud Legal Professional Privilege Fraud Exception to Privilege Disclosure of Documents Freezing Orders Beneficial Ownership +1 more

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Parties

Dadourian Group International Inc

Claimant

Alex Dadourian

Claimant

Haig Dadourian

Claimant

Paul Francis Simms

Defendant

Jack Dadourian

Defendant

Helga Dadourian

Defendant

Corporate Defendants (Azuri, Libourne, Ardales, Republic)

Defendant

Procedural Posture

Chancery Division Civil Litigation / Post Trial Interlocutory Applications Regarding Disclosure and Privilege

Legal Issues

  1. 1 Are the Eagle documents privileged from disclosure?
  2. 2 Has privilege been waived or lost due to fraud?
  3. 3 Should DGI be permitted to use the Eagle documents?

Ratio Decidendi

Privilege does not attach to the Eagle documents because Mr Simms was not a qualified solicitor at the relevant time and the Defendants knew this; privilege was also waived by disclosure of related documents. The fraud exception applies to documents relating to the Brinton by-laws due to a strong prima facie case of misleading the court. DGI is permitted to use the Eagle documents; applications to restrain their use are dismissed. Disclosure of funding sources is refused absent evidence of breach of freezing orders.

Court Disposition

Applications by Defendants for injunctions dismissed; DGI's application to use Eagle documents granted; application for disclosure of funding source dismissed; order for letters of authority to be made if not already provided.

Orders

  • McKinnon J’s order of 7 June 2007 varied to permit DGI to adduce Eagle documents in evidence.
  • Applications for injunctions restraining use of Eagle documents dismissed.