Wednesday 12 October 2022
By Appellant’s Notice filed on 6 June 2022, the Claimant, “L30” appeals, with permission, the Order of Mr Justice Robin Knowles dated 13 May 2022 in which he declined to order that the identities of those individuals who were or had been authorised to give instructions to Reynold Porter Chamberlain LLP were subject to legal professional privilege and made orders for disclosure.
The trial of the claim is due to be heard in 2023. The Defendants/Respondents (“Credit Suisse”) wish to know which individuals are authorised to give instructions on behalf of L30 to L30’s solicitors (“RPC”) in connection with these proceedings, for the purpose of uncovering information which they hope will assist their limitation defence. Credit Suisse alleges that the knowledge of certain third parties should be attributed to L30 for the purposes of the limitation analysis and wishes to discover whether those third parties are authorised to give instructions on behalf of L30 in connection with the litigation.
The issue before the Judge was whether L30 was entitled to decline to identify the individuals who are authorised to instruct RPC, on the grounds of litigation privilege. The Judge held that, in the circumstances of this case, this was not a matter covered by litigation privilege. He did, however, grant permission to appeal.