Scottish Lion Insurance Company Ltd v Goodrich Corporation & Ors [2011] ScotCS CSIH_18 (08 March 2011)

Scottish Lion Insurance Company Ltd v Goodrich Corporation & Ors [2011] ScotCS CSIH_18 (08 March 2011)

By submitting the documents to the petitioner for the purpose of supporting their claims for voting in the scheme of arrangement, the noters acted inconsistently with maintaining confidentiality and privilege in those documents. Privilege was thereby waived, at least for the purposes of the scheme proceedings, and the documents are subject to production and inspection as ordered by the court.

Citation
[2011] ScotCS CSIH_18
Parties
Petitioner: The Scottish Lion Insurance Company Limited; Respondents: Goodrich Corporation and Others; Noters: Creditors 59, 105 and 106 (Noters)
Jurisdiction
Scotland
Judgment Date
08 March 2011
Procedural Posture
Petition (scheme of Arrangement) / Appeal (reclaiming Motion) Against Interlocutor Repelling Claim to Privilege
Outcome
Appeal dismissed; privilege claim repelled.
Legal Topics
Schemes of Arrangement, Legal Professional Privilege, Waiver of Privilege, Creditors' Meetings, Valuation of Claims
Company Law Insolvency Law Civil Procedure Schemes of Arrangement Legal Professional Privilege Waiver of Privilege Creditors' Meetings Valuation of Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The Scottish Lion Insurance Company Limited

Petitioner

Goodrich Corporation and Others

Respondents

Creditors 59, 105 and 106 (Noters)

Noters

Procedural Posture

Petition (scheme of Arrangement) / Appeal (reclaiming Motion) Against Interlocutor Repelling Claim to Privilege

Legal Issues

  1. 1 Whether legal professional privilege over documents submitted by creditors for voting purposes in a scheme of arrangement was waived by their submission to the petitioner.
  2. 2 Whether the noters (creditors 59, 105, 106) can resist production and inspection of documents on grounds of privilege.

Ratio Decidendi

By submitting the documents to the petitioner for the purpose of supporting their claims for voting in the scheme of arrangement, the noters acted inconsistently with maintaining confidentiality and privilege in those documents. Privilege was thereby waived, at least for the purposes of the scheme proceedings, and the documents are subject to production and inspection as ordered by the court.

Court Disposition

Appeal dismissed; privilege claim repelled.

Orders

  • Documents submitted by noters to the petitioner for voting purposes are to be produced and made available for inspection, subject to redactions for commercial confidentiality as determined by the commissioner.