Thomson v Berkhamsted Collegiate School

Thomson v Berkhamsted Collegiate School

There is a good arguable case for a third party costs order against the parents; the correspondence sought is likely to be probative and not privileged in its entirety; it is proportionate and just to order disclosure for the relevant period. The court will require a list and inspection of documents, with privilege...

Source-derived case information.

Parties
Claimant: John Thomson; Defendant: Berkhamsted Collegiate School; Non Party: Ian Thomson; Non Party: Gracinda Thomson
Jurisdiction
England and Wales
Judgment Date
02 October 2009
Procedural Posture
Third Party Costs Application (ancillary to Discontinued Personal Injury/negligence Claim) / Post Trial, Application for Disclosure and Directions in Third Party Costs Proceedings
Outcome
Application for disclosure granted (in part); costs reserved.
Legal Topics
Third Party Costs Orders, Legal Professional Privilege, Disclosure, Summary Procedure
Civil Procedure Costs Third Party Costs Orders Legal Professional Privilege Disclosure Summary Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

John Thomson

Claimant

Berkhamsted Collegiate School

Defendant

Ian Thomson

Non Party

Gracinda Thomson

Non Party

Procedural Posture

Third Party Costs Application (ancillary to Discontinued Personal Injury/negligence Claim) / Post Trial, Application for Disclosure and Directions in Third Party Costs Proceedings

Legal Issues

  1. 1 Whether disclosure should be ordered against non-parties and claimant in third party costs proceedings
  2. 2 Whether communications are protected by legal professional privilege
  3. 3 Whether the parents' involvement amounts to more than pure funding justifying a third party costs order

Ratio Decidendi

There is a good arguable case for a third party costs order against the parents; the correspondence sought is likely to be probative and not privileged in its entirety; it is proportionate and just to order disclosure for the relevant period. The court will require a list and inspection of documents, with privilege claims to be substantiated, and may inspect documents itself if necessary.

Court Disposition

Application for disclosure granted (in part); costs reserved.

Orders

  • Claimant and interested parties to provide disclosure by list and inspection of communications with solicitors, counsel, and experts for the period February 2005 to 16 March 2009, subject to substantiated claims of privilege.
  • Any privilege claims to be particularised; court may inspect documents to resolve disputes.