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)

Privilege in the disputed documents was not waived by the claimant; delivery up and destruction of privileged documents is warranted; claimant is entitled to costs as he succeeded in obtaining the principal relief sought.

Citation
[2014] EWHC 1224 (QB)
Parties
Claimant: Shepherd; Defendants: Fox Williams LLP & Others
Jurisdiction
England and Wales
Judgment Date
16 April 2014
Procedural Posture
Summary Judgment Application Under CPR Part 24 / Post Hearing, Judgment
Outcome
Claimant succeeds; entitled to delivery up/destruction of privileged documents and costs.
Legal Topics
Waiver of Privilege, Delivery Up and Destruction of Documents, Costs, Employment Tribunal Disclosure, Data Protection
Civil Procedure Legal Professional Privilege Confidentiality Waiver of Privilege Delivery Up and Destruction of Documents Costs Employment Tribunal Disclosure Data Protection

Case Brief

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Parties

Shepherd

Claimant

Fox Williams LLP & Others

Defendants

Procedural Posture

Summary Judgment Application Under CPR Part 24 / Post Hearing, Judgment

Legal Issues

  1. 1 Whether privilege in the disputed documents was waived by claimant's actions
  2. 2 Entitlement to delivery up and destruction of privileged documents
  3. 3 Costs consequences of the application

Ratio Decidendi

Privilege in the disputed documents was not waived by the claimant; delivery up and destruction of privileged documents is warranted; claimant is entitled to costs as he succeeded in obtaining the principal relief sought.

Court Disposition

Claimant succeeds; entitled to delivery up/destruction of privileged documents and costs.

Orders

  • Defendants to swear affidavits confirming delivery up/destruction of privileged documents.
  • Defendants to clarify which electronic copies have not been deleted and reasons.