BRITISH VIRGIN ISLANDS
COURT OF APPEAL
CIVIL APPEAL – ORDER FOR DISCOVERY – DOCUMENTS PASSING BETWEEN CLIENT AND ATTORNEY – LEGAL PROFESSIONAL PRIVILEGE – BASIS ON WHICH AN APPELLATE COURT WILL INTERFERE WITH THE DISCRETION OF A JUDGE
The Appellants and Respondent in this case are brothers. Alhamrani Universal Company (“Universal”) was a company incorporated in Saudi Arabia in which they both had an interest. Universal is one of a number of companies which the Appellants and the Respondent jointly owned along with their sisters, collectively known as the Alhamrani Group. The Appellants and the Respondent are engaged in a dispute concerning the ownership of previously jointly owned assets. In 2008, under a court ordered buy/sell process, the Respondent purchased the Appellants’ interest in Universal. During the process the Appellants, who were then directors of Universal, sought and obtained legal advice from Mr. Hardan, an attorney employed by Universal. Universal was aware of and consented to Mr. Hardan providing legal advice to the Appellants. In the course of advising the Appellants, certain communications and emails (the “Documents”) were created and left on the Alhamrani Group servers and other computers.