Dadourian Group International Inc & Ors v Simms & Ors [2008] EWHC 1784 (Ch) (25 July 2008)

Dadourian Group International Inc & Ors v Simms & Ors [2008] EWHC 1784 (Ch) (25 July 2008)

The court held that the Eagle documents, to the extent they were created for the purpose of obtaining legal advice or in the conduct of litigation, are subject to legal professional or litigation privilege unless the privilege is vitiated by fraud. The evidence established that Mr Simms intentionally misled the court regarding the by-laws of Brinton, but there was insufficient evidence that Mr and Mrs Dadourian knowingly participated in the deception. Therefore, privilege attaches to the documents except where they evidence or further a fraud. The court will permit use of the Eagle documents only to the extent they are not privileged or are admissible under the fraud exception. The order...

Citation
[2008] EWHC 1784 (Ch)
Parties
Claimant: Dadourian Group International Inc; Claimant: Alex Dadourian; Claimant: Haig Dadourian; Defendant: Paul Francis Simms & Ors; Defendant: Corporate Defendants (Azuri Limited, Libourne, Ardales, Republic, Brinton Establishment)
Jurisdiction
England and Wales
Judgment Date
25 July 2008
Procedural Posture
Chancery Division Civil Litigation / Post Trial, Interlocutory Applications Regarding Use of Documents and Privilege
Outcome
Applications granted in part, refused in part
Legal Topics
Privilege (legal Professional and Litigation), Confidentiality, Disclosure of Documents, Freezing Orders, Trust Beneficial Ownership, Fraud and Deceit, Contempt of Court
Civil Procedure Trusts and Equity Company Law Privilege (legal Professional and Litigation) Confidentiality Disclosure of Documents Freezing Orders Trust Beneficial Ownership +2 more

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Parties

Dadourian Group International Inc

Claimant

Alex Dadourian

Claimant

Haig Dadourian

Claimant

Paul Francis Simms & Ors

Defendant

Corporate Defendants (Azuri Limited, Libourne, Ardales, Republic, Brinton Establishment)

Defendant

Procedural Posture

Chancery Division Civil Litigation / Post Trial, Interlocutory Applications Regarding Use of Documents and Privilege

Legal Issues

  1. 1 Whether the Eagle documents are subject to legal professional or litigation privilege and/or confidentiality
  2. 2 Whether DGI may use the Eagle documents in proceedings despite prior court orders
  3. 3 Whether the Corporate Defendants' assets are beneficially owned by Jack and Helga Dadourian

Ratio Decidendi

The court held that the Eagle documents, to the extent they were created for the purpose of obtaining legal advice or in the conduct of litigation, are subject to legal professional or litigation privilege unless the privilege is vitiated by fraud. The evidence established that Mr Simms intentionally misled the court regarding the by-laws of Brinton, but there was insufficient evidence that Mr and Mrs Dadourian knowingly participated in the deception. Therefore, privilege attaches to the documents except where they evidence or further a fraud. The court will permit use of the Eagle documents only to the extent they are not privileged or are admissible under the fraud exception. The order...

Court Disposition

Applications granted in part, refused in part

Orders

  • Injunction granted restraining use of privileged Eagle documents except as permitted by the court
  • Order of 7 June 2007 varied to allow use of non-privileged Eagle documents in these proceedings