The Business Law Reports
[2011] Bus LR 466
Chancery Division
BBGP Managing General Partner Ltd and others v Babcock & Brown Global Partners
[2010] EWHC 2176 (Ch)
2010 July 21–
23;
26–
27;
Aug 20
Aug 20
Norris J
Evidence— Privilege— Legal professional privilege— Investment group establishing defendant limited partnership— Limited partners including second and third claimants— Investment group establishing first claimant to be defendant’s general partner and appointing one of its employees as executive director— Dispute arising between defendant and investment group— First claimant’s executive director retaining solicitors in relation to dispute— Director in breach of fiduciary duty seeking advice from same solicitors regarding removal of first claimant as general partner— Advice e-mailed to director and stored on investments group’s database— First claimant bringing action against defendant following its removal as general partner— Communications to and from solicitor found on investment group’s database— Whether communications privileged— Identity of solicitor’s clients— Whether use of investment group’s e-mail accounts and consequent storage on its database resulting in loss of confidentiality and privilege— Whether defendant entitled to assert privilege against first to third claimants— Whether first claimant entitled to share material with its corporate shareholder— Whether shareholder in turn entitled to share it with its shareholders— Whether defendant’s use of director to help secure removal of first claimant engaging iniquity principle— Whether evidence disclosing strong prima facie case of iniquity— Whether defendant losing privilege