*Rochester Resources Ltd and others v Lebedev and another

Evidence – Without prejudice correspondence. The first defendant applied to exclude evidence of a draft complaint concerning proposed New York proceedings filed by the claimants in support of their application for an anti-suit injunction on the grounds that the evidence was covered by without prejudice privilege. The claimants sought permission to adduce evidence of New York law. The Commercial Court refused the claimants permission to adduce evidence of New York law, as it was not reasonably required. It further held that, as a matter of English law, the draft complaint and its sending fell within the scope of without prejudice privilege.

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