Jinxin v Aser Media Pte: Legal professional privilege, work emails and company servers

Tim Benham-Mirando recently appeared (unled) for the successful Fifth Defendant (instructed by Fladgate LLP) in the case of Jinxin v Aser Media Pte Limited & others [2022] EWHC 2856 (Comm). Mr Simon Salzedo KC (sitting as a Deputy Judge of the High Court) considered how far employees can claim privilege over documents held on an employer’s servers. Tim has written the following article on the practical implications of the case, and why it is of interest to practitioners. Read the article on LexisNexis here (paywalled).

The underlying claim is in deceit and conspiracy for US$661 million in relation to the sale of a leading global sports media agency. The alleged fraud relates to the acquisition of media rights in Italian Serie A, and FIFA World Cup, football matches. Hugh Norbury KC is leading Tim.

There was also a 3-day CMC ([2022] EWHC 2431 (Comm)) where the Court considered the reliance on decisions by foreign bodies (known as the rule in Hollington v Hewthorn) and a novel application for a split trial.

The claim is listed for a 21-week trial in 2025.