10@12 Webinar : Privilege in corporate disputes revisited: Aabar Holdings S.a.r.l. v. Glencore plc [2024] EWHC 3046 (Comm.)
13th December 2024
In this follow-up to Erskine Chambers’ first webinar on 6 May 2022, James Potts KC and Jack Rivett will be discussing the recent decision in Aabar Holdings v Glencore and the state of the law on privilege in corporate disputes.
They will look at what the Court decided, including whether the so-called “shareholder rule” permitting shareholders to disclosure of a company’s privileged documents does not in fact exist. They will debate whether the decision might be open to criticism and whether this changes things for corporate and litigation lawyers.
- What was the basic common law “rule” in relation to a shareholder seeking disclosure of legal advice given to the company pre-Aabar v. Glencore?
- Aabar v. Glencore: what are the proceedings about?
- How did the Court approach the general rule in Aabar v. Glencore?
- Does the rule extend to without prejudice communications?
- What about beneficial owners of shares and indirect shareholders?
- What about former and new shareholders?
- Is the approach taken by the Court to the rule in Aabar v. Glencore open to criticism?
- Has the music now stopped?
- How should corporate lawyers and litigators respond to Aabar v. Glencore in the short term?
- If the rule has been abolished once and for all, what are the long-term consequences?
Please click here to view the case reference list.
