Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd and Others: CA 10 Nov 2022

‘This appeal is concerned with the scope of litigation privilege. The respondent defendants (‘the Bank’ — there is no need to distinguish between them) wish to know which individuals are authorised to give instructions in relation to these proceedings on behalf of the appellant claimant (‘Loreley’), a special purpose vehicle with no employees whose directors are supplied by a professional services company. Loreley responds that this information is privileged. But another question also arises, whether (regardless of privilege) this is the kind of information which Loreley should be ordered to provide under CPR 18 as a matter of good case management when it is unrelated to the content of any disclosable document.’

Judges:

Sir Geoffrey Vos, Master of the Rolls
Lady Justice Nicola Davies
And
Lord Justice Males

Citations:

[2022] EWCA Civ 1484

Links:

Bailii

Statutes:

Civil Procedure Rules 18

Jurisdiction:

England and Wales

Litigation Practice, Civil Procedure Rules

Updated: 12 November 2022; Ref: scu.682586