Aabar Holdings SARL v Glencore plc

Subject Matter

EVIDENCE — Privilege — Common interest privilege — Claimant sole shareholder of dissolved company formerly having interest in shares of defendant company — Claimant bringing statutory claims against defendant as successor in title — Claimant submitting shareholder rule preventing defendant from asserting privilege — Whether shareholder rule valid — Types of privilege to which shareholder rule applicable — Whether defendant entitled to assert privilege against claimant

[2024] EWHC 3046 (Comm); [2025] KB 733; [2025] 2 WLR 763; [2024] WLR(D) 523, KBD

EVIDENCE — Privilege — Company — Company asserting privilege against its own shareholder — Whether precluded from doing so by “shareholder rule”

[2024] EWHC 3046 (Comm); [2025] KB 733; [2025] 2 WLR 763; [2024] WLR(D) 523, KBD

EVIDENCE — Privilege — Company — Company asserting privilege against its own shareholder — Whether precluded from doing so by “shareholder rule” — Whether rule part of law of England and Wales

[2024] EWHC 3046 (Comm); [2025] KB 733; [2025] 2 WLR 763; [2024] WLR(D) 523, KBD

Commentary

4 New Square chambers
High Court rejects the existence of a shareholder’s right to inspect privileged company documents: Aabar Holdings S.à.r.l. v Glencore Plc & Others Case comment