Fortimat Properties S.A. v Pinsent Masons LLP

Fortimat Properties S.A. v Pinsent Masons LLP

There are privileged documents between Fortimat and Pinsent Masons which will need to be considered at trial, and privilege has not been generally waived by limited dissemination to certain third parties within the circle of confidence.

Parties
Claimant: Fortimat Properties S.A.; Defendant: Pinsent Masons LLP
Jurisdiction
England and Wales
Judgment Date
08 July 2022
Procedural Posture
Civil Professional Negligence / Interlocutory Application Regarding Privilege
Outcome
Application allowed; court finds privileged documents exist and will need to be considered at trial.
Legal Topics
Legal Professional Privilege, Waiver of Privilege, Solicitor's Duties, Disclosure, Consolidation of Proceedings
Civil Procedure Professional Negligence Legal Professional Privilege Waiver of Privilege Solicitor's Duties Disclosure Consolidation of Proceedings

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Parties

Fortimat Properties S.A.

Claimant

Pinsent Masons LLP

Defendant

Procedural Posture

Civil Professional Negligence / Interlocutory Application Regarding Privilege

Legal Issues

  1. 1 Whether there are privileged documents between Fortimat and Pinsent Masons which the court will need to consider at trial
  2. 2 Whether privilege has been waived by dissemination to third parties
  3. 3 Whether privileged documents will need to be disclosed or referred to at trial

Ratio Decidendi

There are privileged documents between Fortimat and Pinsent Masons which will need to be considered at trial, and privilege has not been generally waived by limited dissemination to certain third parties within the circle of confidence.

Court Disposition

Application allowed; court finds privileged documents exist and will need to be considered at trial.

Orders

  • Positive answer to the question posed by Butcher J: there are privileged documents as between Fortimat and Pinsent Masons which the court will need to consider at trial.