Appeal from the order of Cooke J on 30 April 2009 dismissing the application of the claimants for specific disclosure. The issue is whether the defendants are entitled to claim litigation privilege in respect of the documents in question.
Citations:
[2009] EWCA Civ 1323
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Starbev GP Ltd v Interbrew Central European Holding Bv ComC 18-Dec-2013
Challenge to assertion of litigation privilege.
Hamblen J said:
’11. The legal requirements of a claim to litigation privilege may be summarised as follows:
(1) The burden of proof is on the party claiming privilege to establish it . .
Cited – Kyla Shipping Co Ltd and Another v Freight Trading Ltd and Others ComC 22-Feb-2022
Litigation Privilege
Defendants challenged the claimants assertion of litigation privilege and contended for a waiver of any privilege which entitles them to disclosure of additional materials referred to in a witness statement.
Held: ‘I dismiss the waiver of . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 23 March 2022; Ref: scu.384355