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Henderson Jones Ltd v Ross and others (12 October 2022)

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The Chancery Division dismissed the claimant's claim against the defendants. The claimant sought an order that the fifth defendant bank produce all documents and answer the claimant's request for further information (RFI). The claim concerned a restructure of the Hospital Medical Group Limited. The company was placed into creditors' voluntary liquidation and the fifth defendant was the company's bank and held security over its assets, including a legal charge over property affected by the restructure. The claimant (as assignee of the company's relevant claims) alleged that: (i) the transactions executed as part of the restructure were unlawful distributions and transactions at an undervalue intended to defraud creditors; (ii) the first to third defendants had acted in breach of fiduciary and other duties; and (iii) the fifth defendant had assisted in the breach of those duties. The fifth defendant denied the allegations of dishonest assistance. The court held, among other things, that to disclose privileged information concerning the contents of the fifth defendant's advice from Eversheds was privileged. Having found that such privilege had not been waived, it was not open for the court to use CPR Part 18 to circumvent it. Hence, the claimant's RFI application was rejected.

 

 

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