J Sainsbury Plc & Anor v WSP Consulting Engineers Plc

J Sainsbury Plc & Anor v WSP Consulting Engineers Plc

Privilege in the redacted documents was waived by partial disclosure and deployment in the trial, and fairness required full disclosure of the relevant documents. Common interest privilege did not apply to the expert report by Mr Pepper because, at the time of its creation, the interests of Sainsbury's and their insurer were opposed, not aligned.

Parties
Claimant: J Sainsbury plc; Claimant: Sainsbury's Supermarkets Limited; Defendant/part 20 Claimant: WSP Consulting Engineers plc (formerly WSP Kenchington Ford plc); Part 20 Defendant: Keller Limited
Jurisdiction
England and Wales
Judgment Date
10 November 2004
Procedural Posture
Civil (contract/construction) / Interlocutory Application for Disclosure During Trial
Outcome
Application for disclosure granted in part
Legal Topics
Disclosure of Documents, Legal Professional Privilege, Common Interest Privilege, Waiver of Privilege
Civil Procedure Contract Law Construction Law Disclosure of Documents Legal Professional Privilege Common Interest Privilege Waiver of Privilege

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Parties

J Sainsbury plc

Claimant

Sainsbury's Supermarkets Limited

Claimant

WSP Consulting Engineers plc (formerly WSP Kenchington Ford plc)

Defendant/part 20 Claimant

Keller Limited

Part 20 Defendant

Procedural Posture

Civil (contract/construction) / Interlocutory Application for Disclosure During Trial

Legal Issues

  1. 1 Whether redacted/withheld documents must be disclosed due to waiver of privilege or fairness
  2. 2 Whether common interest privilege applies to expert reports obtained by insurers

Ratio Decidendi

Privilege in the redacted documents was waived by partial disclosure and deployment in the trial, and fairness required full disclosure of the relevant documents. Common interest privilege did not apply to the expert report by Mr Pepper because, at the time of its creation, the interests of Sainsbury's and their insurer were opposed, not aligned.

Court Disposition

Application for disclosure granted in part

Orders

  • Claimants to disclose unredacted versions of specified internal emails and documents to the defendant and Part 20 defendant
  • Claimants to disclose the report of Mr Pepper to the defendant and Part 20 defendant