Judgment of the Tribunal in relation to an application by the Class Representative (the “Application”) for various directions concerning a proposal by the Defendants to communicate with certain members of the represented class with a view to seeking voluntary disclosure of documents. The Application arose out of a dispute between the parties about the Defendants’ proposal and the Tribunal’s role in regulating such communications.
In determining the Application, the Tribunal firstly considered whether the Application was an abuse of process, on the basis that it was alleged to be a “repackaged” form of the application made at a CMC held in May 2026 in these proceedings. The Tribunal did not find the Application to be an abuse of process.
Secondly, the Tribunal considered whether the Defendants have waived litigation privilege in respect of the proposed communications with class members. The Tribunal found that there has been no waiver of privilege over future communications between the Defendants and class members in the circumstances.
Thirdly, the Tribunal considered whether the directions proposed in the Application are incompatible with the Defendants’ right to litigation privilege, and to the extent that the proposed directions do not invade litigation privilege, whether the Tribunal should indeed proceed to make the directions sought. The Tribunal held that the Defendants should adhere to certain of matters relating to the form and content of any communications, including the matters set out at paragraphs §§116-118 of the judgment (certain of these directions being undisputed). The Tribunal otherwise dismissed the Application.
