IDCV CU FT K/S & Ors v Curve OS Group Limited & Ors

Facts

The petitioners are three IDCV entities, who brought a petition against Curve OS Group Limited (the Company), other corporate respondents and individual respondents. This judgment is consequential upon Marcus Smith J's earlier judgment, [2026] EWHC 2024 (Ch), which determined various forms of alleged waiver of legal professional privilege (LPP). One form, "Waiver B", was left for further argument because the judge had not then been taken to the specific documents. It concerns documents held by Mr Aitkenhead, a director of the Company, to which the Company's solicitors had referred in correspondence with the petitioners' solicitors in what the judge termed a "litigation environment". The documents are five "mixed" items containing both privileged and non-privileged material: board minutes for 26 March, 23 April, 14 May and 10 June, and a board pack. Three mark the privileged passages on their face. After a letter of 30 April 2025 to the Company's board, the petitioners' solicitors, Quinn Emanuel, wrote on 3 May 2025 to the Company's solicitors, Winston Taylor International LLP, requesting wide classes of documents including all board minutes and presentations to the board. Correspondence followed on 6 and 7 May 2025. The petitioners asserted that privilege in the five documents had been waived. The question was heard on 28 September 2026.