Walter Lilly & Company Ltd v Mackay & Anor

Walter Lilly & Company Ltd v Mackay & Anor

Legal professional or legal advice privilege does not apply to documents generated by Knowles Ltd because Knowles was not retained as solicitors or barristers, and the Defendants have not established that the individuals concerned were practising as such. The fact that the Defendants believed they were receiving...

Source-derived case information.

Parties
Claimant: Walter Lilly & Company Limited; Defendant: Giles Patrick Cyril Mackay; Defendant: DMW Developments Limited
Jurisdiction
England and Wales
Judgment Date
15 March 2012
Procedural Posture
Civil / Interlocutory Application for Disclosure
Outcome
Application for disclosure granted
Legal Topics
Legal Professional Privilege, Disclosure of Documents, Claims Consultants, Legal Advice Privilege
Civil Procedure Evidence Legal Professional Privilege Disclosure of Documents Claims Consultants Legal Advice Privilege

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Summary, issues, holding and outcome

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Parties

Walter Lilly & Company Limited

Claimant

Giles Patrick Cyril Mackay

Defendant

DMW Developments Limited

Defendant

Procedural Posture

Civil / Interlocutory Application for Disclosure

Legal Issues

  1. 1 Whether documents generated by or towards a claims consultant attract legal professional privilege
  2. 2 Whether Knowles Ltd was retained as solicitors or barristers for the purpose of privilege
  3. 3 Whether the timing and burden of the disclosure application should defeat it

Ratio Decidendi

Legal professional or legal advice privilege does not apply to documents generated by Knowles Ltd because Knowles was not retained as solicitors or barristers, and the Defendants have not established that the individuals concerned were practising as such. The fact that the Defendants believed they were receiving legal advice from lawyers is immaterial when the organisation was not retained in that capacity.

Court Disposition

Application for disclosure granted

Orders

  • Defendants to provide disclosure of all relevant Knowles documents not covered by litigation privilege