A v B & Anor [2020] EWHC 1492 (Ch) (10 June 2020)

A v B & Anor [2020] EWHC 1492 (Ch) (10 June 2020)

Privilege was not established for any of the six documents because there was insufficient evidence that they recorded or communicated legal advice, and the involvement of lawyers or labelling as privileged was not determinative. Only a single comment in the draft Chairman's script was found to communicate legal advice and should be redacted; otherwise, the documents are not privileged.

Citation
[2020] EWHC 1492 (Ch)
Parties
Claimant / Defendant to Counterclaim: A; First Defendant / Claimant by Counterclaim: B; Second Defendant: The Financial Reporting Council Ltd
Jurisdiction
England and Wales
Judgment Date
10 June 2020
Procedural Posture
Counterclaim / Judgment on Counterclaim
Outcome
Counterclaim dismissed as to privilege; documents not protected except for redaction of one comment.
Legal Topics
Legal Advice Privilege, Litigation Privilege, Disclosure of Documents, Confidentiality in Legal Proceedings
Civil Procedure Legal Professional Privilege Legal Advice Privilege Litigation Privilege Disclosure of Documents Confidentiality in Legal Proceedings

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Parties

A

Claimant / Defendant to Counterclaim

B

First Defendant / Claimant by Counterclaim

The Financial Reporting Council Ltd

Second Defendant

Procedural Posture

Counterclaim / Judgment on Counterclaim

Legal Issues

  1. 1 Whether six documents are protected from disclosure by legal professional privilege under paragraph 1(8) of Schedule 2 to SATCAR
  2. 2 Whether legal advice privilege or litigation privilege applies to the documents

Ratio Decidendi

Privilege was not established for any of the six documents because there was insufficient evidence that they recorded or communicated legal advice, and the involvement of lawyers or labelling as privileged was not determinative. Only a single comment in the draft Chairman's script was found to communicate legal advice and should be redacted; otherwise, the documents are not privileged.

Court Disposition

Counterclaim dismissed as to privilege; documents not protected except for redaction of one comment.

Orders

  • Documents are not protected by legal professional privilege and must be disclosed, except for the redaction of the Freshfields comment in the draft Chairman's script.