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Court of Appeal reject privilege claim in Tchenguiz litigation

20/02/14

In the litigation between the Tchenguiz brothers and the SFO, the Court of Appeal have today dismissed an appeal from Eder J on an application for non-party disclosure against the liquidators of the Oscatello Foundation, who are two Grant Thornton partners. The liquidators had refused to disclose five reports which were shown by Grant Thornton to the SFO, and on which the SFO had taken notes, but which Grant Thornton refused to provide to the SFO. The SFO relied heavily on the information in the five reports in drafting the arrest warrants against the Tchenguiz brothers which were subsequently quashed by the Divisional Court in circumstances involving significant criticism of both SFO and Grant Thornton.

The liquidators had claimed that the five reports were privileged but the Court of Appeal held that the liquidators had failed to make out a claim for litigation privilege in relation to any of the five reports.

The judgment is here.

Charles Hollander QC acted for the successful respondents in the appeal, instructed by Stephenson Harwood LLP.