Frasers Group plc v Saxo Bank A/S & Anor

Frasers Group plc v Saxo Bank A/S & Anor

The application for disclosure cannot succeed unless privilege has been waived or an exception applies; neither has been established. The waiver issue was not properly argued and should be determined by the trial judge.

Parties
Claimant: Frasers Group plc; Defendant: Saxo Bank A/S; Defendant: Morgan Stanley & Co International plc
Jurisdiction
England and Wales
Judgment Date
05 March 2024
Procedural Posture
Commercial Court Application / Pre Trial Review; Application for Disclosure Adjourned
Outcome
Application adjourned to be determined by the trial judge at the start of the trial if renewed.
Legal Topics
Litigation Privilege, Expert Evidence, Disclosure, Waiver of Privilege
Civil Procedure Evidence Litigation Privilege Expert Evidence Disclosure Waiver of Privilege

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Parties

Frasers Group plc

Claimant

Saxo Bank A/S

Defendant

Morgan Stanley & Co International plc

Defendant

Procedural Posture

Commercial Court Application / Pre Trial Review; Application for Disclosure Adjourned

Legal Issues

  1. 1 Whether communications between solicitors and experts regarding joint statements are privileged
  2. 2 Whether privilege has been waived by correspondence
  3. 3 Applicability of CPR rule 35.10(4) to instructions given ahead of joint meetings

Ratio Decidendi

The application for disclosure cannot succeed unless privilege has been waived or an exception applies; neither has been established. The waiver issue was not properly argued and should be determined by the trial judge.

Court Disposition

Application adjourned to be determined by the trial judge at the start of the trial if renewed.

Orders

  • Application for disclosure adjourned to trial judge.