Hearings
England & Wales
20 Aug 2010 [2010] EWHC 2176 (Ch); [2011] Ch 296; [2011] 2 WLR 496; [2011] Bus LR 466; [2011] 2 All ER 297; [2010] WLR (D) 238, Ch D (Norris J)
BBGP Managing General Partner Ltd v Babcock & Brown Global Partners
Subject Matter
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 investment 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
Commentary
Blackstones Criminal Practice 2025
Legal Professional Privilege - Iniquity
F10.38
Blackstones Civil Practice 2023
Legal Professional Privilege - Joint privilege
50.114