February 19 2021
START DATE
END DATE
April 21 2023
IN THE MATTER OF JARDINE STRATEGIC HOLDINGS LIMITED AND IN THE MATTER OF THE AMALGAMATION AGREEMENT BETWEEN JMH INVESTMENTS LIMITED AND JMH BERMUDA LIMITED AND JARDINE STRATEGIC HOLDINGS LIMITED AND IN THE MATTER OF SECTION 106 OF THE COMPANIES ACT 1981
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
CIVIL JURISDICTION
The Hon. Chief Justice Hargun
Jonathan Adkin KC Mark Chudleigh Laura Williamson David Thom Matthew Watson Delroy Duncan KC Ryan Hawthorne
Martin Moore KC John Wasty Khiyara Krige Jordan Knight
FACTS OF THE CASE:
The court dealt with issues arising from an earlier judgment related to privilege in litigation specifically regarding the amalgamation agreement between JMH Investments Limited JMH Bermuda Limited and Jardine Strategic Holdings Limited. The primary issue was the scope of privilege for legal advice contemplated in defense of section 106 proceedings of the Companies Act 1981.
SUMMARY:
The case questioned the timing and applicability of privilege in litigation and sought clarification on documents created for the dominant purpose of defense in litigation.
OUTCOMES:
The judgment clarified the criteria for claiming privilege on legal advice in contemplated litigation with the court ruling in favor of maintaining privilege for advice received after February 19 2021 in connection with section 106 proceedings.
RULED IN FAVOUR OF:
Defendant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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IN THE MATTER OF JARDINE STRATEGIC HOLDINGS LIMITED AND IN THE MATTER OF THE AMALGAMATION AGREEMENT BETWEEN JMH INVESTMENTS LIMITED AND JMH BERMUDA LIMITED AND JARDINE STRATEGIC HOLDINGS LIMITED AND IN THE MATTER OF SECTION 106 OF THE COMPANIES ACT 1981
The court dealt with issues arising from an earlier judgment related to privilege in litigation specifically regarding the amalgamation agreement between JMH Investments Limited JMH Bermuda Limited and Jardine Strategic Holdings Limited. The primary issue was the scope of privilege for legal advice contemplated in defense of section 106 proceedings of the Companies Act 1981.