E20 STADIUM LLP & Anor v ALLEN & OVERY LLP

E20 STADIUM LLP & Anor v ALLEN & OVERY LLP

There has been no general waiver of legal advice privilege; the waiver is confined to Issues 29 and 30. The Claimants' offer to extend disclosure to 'key advice' relevant to those issues is sufficient and fair. No general waiver of litigation privilege occurred. The Defendant is not entitled to broader disclosure or further orders.

Parties
Claimant: E20 Stadium LLP; Claimant: London Legacy Development Corporation; Defendant: Allen & Overy LLP
Jurisdiction
England and Wales
Judgment Date
13 July 2022
Procedural Posture
Commercial Court Application (disclosure/privilege) / Interlocutory Ruling on Disclosure and Privilege
Outcome
Application for broader waiver and disclosure refused; waiver confined to Issues 29 and 30.
Legal Topics
Legal Advice Privilege, Litigation Privilege, Disclosure of Documents, Waiver of Privilege
Civil Procedure Commercial Law Legal Advice Privilege Litigation Privilege Disclosure of Documents Waiver of Privilege

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Parties

E20 Stadium LLP

Claimant

London Legacy Development Corporation

Claimant

Allen & Overy LLP

Defendant

Procedural Posture

Commercial Court Application (disclosure/privilege) / Interlocutory Ruling on Disclosure and Privilege

Legal Issues

  1. 1 Whether the Claimants waived legal advice privilege generally or only in relation to specific issues for disclosure (Issues 29 and 30)
  2. 2 Whether the Claimants waived litigation privilege
  3. 3 Whether further disclosure is required on grounds of fairness or proportionality

Ratio Decidendi

There has been no general waiver of legal advice privilege; the waiver is confined to Issues 29 and 30. The Claimants' offer to extend disclosure to 'key advice' relevant to those issues is sufficient and fair. No general waiver of litigation privilege occurred. The Defendant is not entitled to broader disclosure or further orders.

Court Disposition

Application for broader waiver and disclosure refused; waiver confined to Issues 29 and 30.

Orders

  • No further order for disclosure beyond what Claimants have proposed.
  • Costs of the application to be determined at the adjourned hearing.