A v B & Anor

Privilege was not established for any of the six documents except for a single Freshfields comment in the draft Chairman’s script, which was to be redacted. The documents did not record or communicate legal advice, and the evidence did not support the claim that they were created for the dominant purpose of providing legal advice.

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 Privilege in Disclosure of Documents
Outcome: Counterclaim dismissed as to privilege over the documents, except for redaction of a single comment.
Legal Topics: Legal Advice Privilege, Litigation Privilege, Disclosure of Documents, Confidentiality

Civil Procedure Legal Professional Privilege Legal Advice Privilege Litigation Privilege Disclosure of Documents Confidentiality

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Parties

Claimant / Defendant to Counterclaim

First Defendant / Claimant by Counterclaim

The Financial Reporting Council Ltd

Second Defendant

Procedural Posture

Counterclaim / Judgment on Privilege in Disclosure of Documents

Legal Issues

1 Whether six documents are protected from disclosure by legal professional privilege in High Court proceedings

Ratio Decidendi

Court Disposition

Counterclaim dismissed as to privilege over the documents, except for redaction of a single comment.

Orders

Privilege not established over the six documents; documents to be disclosed except for redaction of the Freshfields comment in the draft Chairman’s script.