NMC Health PLC v Ernst & Young LLP (Re Disclosure) [2024] EWHC 2905 (Comm) (11 November 2024)

NMC Health PLC v Ernst & Young LLP (Re Disclosure) [2024] EWHC 2905 (Comm) (11 November 2024)

Investigative documents generated by the administrators, other than interviews and witness statements, are not relevant to the issues in dispute and do not fall to be disclosed; the interviews and witness statements are protected by litigation privilege as they were created for the dominant purpose of anticipated litigation.

Citation
[2024] EWHC 2905 (Comm)
Parties
Claimant: NMC Health PLC (in administration); Defendant: Ernst & Young LLP
Jurisdiction
England and Wales
Judgment Date
11 November 2024
Procedural Posture
Commercial Court Disclosure Application / Interlocutory (disclosure Ruling)
Outcome
Application for disclosure of investigative documents (other than interviews and witness statements) refused; litigation privilege upheld over interviews and witness statements.
Legal Topics
Disclosure of Documents, Litigation Privilege, Relevance of Evidence, Abuse of Process (henderson V Henderson)
Civil Procedure Insolvency Litigation Privilege Disclosure of Documents Relevance of Evidence Abuse of Process (henderson V Henderson)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

NMC Health PLC (in administration)

Claimant

Ernst & Young LLP

Defendant

Procedural Posture

Commercial Court Disclosure Application / Interlocutory (disclosure Ruling)

Legal Issues

  1. 1 Whether investigative documents generated by administrators are relevant and disclosable
  2. 2 Whether litigation privilege applies to interview transcripts and witness statements obtained by administrators

Ratio Decidendi

Investigative documents generated by the administrators, other than interviews and witness statements, are not relevant to the issues in dispute and do not fall to be disclosed; the interviews and witness statements are protected by litigation privilege as they were created for the dominant purpose of anticipated litigation.

Court Disposition

Application for disclosure of investigative documents (other than interviews and witness statements) refused; litigation privilege upheld over interviews and witness statements.

Orders

  • No disclosure required of investigative documents other than interviews and witness statements.
  • Claimant entitled to assert litigation privilege over interviews and witness statements.