Legal professional privilege rests on confidentiality but privacy and confidentiality should not be equated (Commercial Court)

In Jinxin Inc v Aser Media PTE Ltd and others [2022] EWHC 2856 (Comm), the court dismissed the claimant's application for a declaration that certain defendants were not entitled to claim privilege over data and documents held on MPS's computer systems after they had been handed over to the claimant. The underlying claim was for fraudulent misrepresentation after the claimant had purchased 65% of the issued shares in MPS. The relevant defendants had been shareholders and/or company officers in MPS.