In Pliego and another v Astor Asset Management 3 Ltd and others [2026] EWCA Civ 940, Ricardo Salinas Pliego, a Mexican billionaire, was suing the defendants over a stock-lending scheme. Pliego hired Black Cube, a private investigation firm staffed by former intelligence officers, to target in a covert sting the solicitor in charge of the defendants’ case.
A Black Cube operative posed as a potential major client to induce the solicitor to reveal sensitive information about the defendants’ litigation and settlement strategy, perceived weaknesses, and the impact of freezing orders obtained by the claimants.
The sting operation was done without the knowledge of the claimants’ then solicitors, Enyo Law. The claimants, represented by new solicitors, exhibited secret recordings of the meetings in support of their application for summary judgment. The defendants successfully argued the sting operation was an abuse of process.
Dismissing the claimant’s appeal but ordering the claim continue to trial, Lord Justice Males said: ‘A “privilege hunting” operation such as occurred in this case should have no place in litigation in the courts of England and Wales.
‘Such litigation may be hard fought, but it must be fought fairly in accordance with the substantive and procedural rules which are designed to ensure a just result. Although I have reached no final decision whether the conduct of Black Cube amounted to the commission of a criminal offence under English law... it is clear that this conduct was a serious abuse of the process of the court for which the claimants are responsible.
‘Solicitors in other cases who are presented by clients with the fruits of such “privilege hunting” operations will need to consider carefully, not only their professional responsibilities, but also the possibility that by making use of such material they may be encouraging, or assisting their clients to benefit from, the commission of criminal offences.’
Males LJ noted the operation was ‘disastrous’ for the solicitor targeted, who ‘now faces disciplinary proceedings... and professional ruin’.
