Shepherd v Fox Williams LLP & Ors [2014] EWHC 1224 (QB) (16 April 2014)

Shepherd v Fox Williams LLP & Ors [2014] EWHC 1224 (QB) (16 April 2014)

There was no evidence that the claimant or his solicitors sent the Privileged Documents to Ms Liebling's work email address or otherwise waived privilege. The documents were sent to her personal email, and any storage on the employer's server was incidental and not authorised by the claimant. Privilege was not waived, and the claimant was entitled to delivery up and/or destruction of the Privileged Documents and his costs.

Citation
[2014] EWHC 1224
Parties
Claimant: Shepherd; Defendants: Fox Williams LLP & Others
Jurisdiction
England and Wales
Judgment Date
16 April 2014
Procedural Posture
High Court Civil Claim (cpr Part 8 and Summary Judgment Application) / Judgment on Summary Judgment Application and Costs
Outcome
Claimant succeeds; summary judgment granted for delivery up/destruction of Privileged Documents and costs awarded to claimant.
Legal Topics
Legal Professional Privilege, Waiver of Privilege, Confidential Information, Costs, Summary Judgment, Employment Law, Data Protection
Civil Procedure Confidentiality Legal Professional Privilege Waiver of Privilege Confidential Information Costs Summary Judgment Employment Law +1 more

Case Brief

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Parties

Shepherd

Claimant

Fox Williams LLP & Others

Defendants

Procedural Posture

High Court Civil Claim (cpr Part 8 and Summary Judgment Application) / Judgment on Summary Judgment Application and Costs

Legal Issues

  1. 1 Whether the claimant waived privilege in the 'Privileged Documents' by sending them to a third party (Ms Liebling) who accessed them at work
  2. 2 Whether the claimant is entitled to delivery up and/or destruction of the Privileged Documents
  3. 3 Whether the defendants should provide affidavits confirming destruction/delivery up and undertakings regarding any remaining electronic copies

Ratio Decidendi

There was no evidence that the claimant or his solicitors sent the Privileged Documents to Ms Liebling's work email address or otherwise waived privilege. The documents were sent to her personal email, and any storage on the employer's server was incidental and not authorised by the claimant. Privilege was not waived, and the claimant was entitled to delivery up and/or destruction of the Privileged Documents and his costs.

Court Disposition

Claimant succeeds; summary judgment granted for delivery up/destruction of Privileged Documents and costs awarded to claimant.

Orders

  • Defendants to swear affidavits explaining and confirming delivery up and/or destruction of the Privileged Documents.
  • Defendants to clarify what electronic copies have not been deleted, reasons, and provide undertakings restricting use of any such copies.