The parties had agreed to work tgether in the development of new drugs, but came to dispute whether certain projects were subject to the agreement. The claimant sought details of the defendant’s internal documents justifying that conclusion. The defendant then refused access to certain documents asserting legal professional privlege. The claimants now sought an order requiring the defendants to give further details to support the claimed assertion of privilege,
Held: Exceptionally this was a case when further evidence abiut the claim should be provided.
Marsh CM
[2016] EWHC 2759 (Ch)
Bailii
Civil Procedure Rules 31
England and Wales
Citing:
Cited – Three Rivers District Council and others v The Governor and Co of the Bank of England (No 5) CA 3-Apr-2003
Documents had been prepared by the respondent to support a request for legal advice in anticipation of the Bingham enquiry into the collapse of BCCI.
Held: Legal advice privilege attached to the communications between a client and the . .
Cited – West London Pipeline and Storage Ltd and Another v Total UK Ltd and others Comc 22-Jul-2008
The court was asked whether it could go behind an affidavit sworn by a person claiming litigation privilege, and, if so, in what circumstances and by what means.
Held: The burden of proof is on the party claiming privilege to establish it; An . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Litigation Practice
Updated: 26 January 2022; Ref: scu.571444
