31 Mar 2026
DELOITTE TOUCHE TOHMATSU (A firm) AND ANOTHER v. LAI DEREK KAR YAN AND OTHERS
- Citation
- [2026] HKCFI 43
- Court
- Court of First Instance
- Case number
- HCCL7/2024
The court found the Disputed Materials were prima facie protected by both legal advice and litigation privilege because their dominant purpose was to seek and provide legal advice in the context of anticipated litigation; the defendants had a reasonable expectation of confidentiality despite inadvertent electronic access by Deloitte; the crime-fraud/iniquity exception did not apply because there was not a strong or clear prima facie case that the communications were made to further or conceal fraud; accordingly the court struck out references to the Disputed Materials, ordered delivery up and…