This expedited appeal raises issues as to: the scope of litigation privilege; the grounds upon which the court will be prepared to inspect documents where there is a challenge to the assertion of privilege; and the application of the ‘dominant purpose’ test in relation to documents produced for more than one reason.
Judges:
Sir Terence Etherton MR, Lord Justice Lewison and Lady Justice Asplin
Citations:
[2018] EWCA Civ 2652
Links:
Jurisdiction:
England and Wales
Cited by:
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.630778