Fulham Leisure Holdings Ltd. v Nicholson Graham & Jones

Fulham Leisure Holdings Ltd. v Nicholson Graham & Jones

The claimant's waiver of privilege was limited to the specific advice and documents disclosed. There was no unfairness or misleading partial disclosure requiring wider disclosure, except that any later advice by Mr Briggs or DJ Freeman that constituted an alteration, amplification, or extension of the disclosed advice within the relevant period should also be disclosed.

Parties
Claimant: Fulham Leisure Holdings Limited; Defendant: Nicholson Graham & Jones
Jurisdiction
England and Wales
Judgment Date
14 February 2006
Procedural Posture
Professional Negligence Claim / Interlocutory Application for Disclosure/waiver of Privilege
Outcome
Defendants' application for further disclosure refused save for a limited category.
Legal Topics
Legal Professional Privilege, Waiver of Privilege, Disclosure of Documents
Civil Procedure Professional Negligence Legal Professional Privilege Waiver of Privilege Disclosure of Documents

Case Brief

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Parties

Fulham Leisure Holdings Limited

Claimant

Nicholson Graham & Jones

Defendant

Procedural Posture

Professional Negligence Claim / Interlocutory Application for Disclosure/waiver of Privilege

Legal Issues

  1. 1 Whether the claimant has waived privilege in legal advice by partial disclosure and reliance on certain documents and witness statements
  2. 2 Whether fairness requires further disclosure of otherwise privileged material

Ratio Decidendi

The claimant's waiver of privilege was limited to the specific advice and documents disclosed. There was no unfairness or misleading partial disclosure requiring wider disclosure, except that any later advice by Mr Briggs or DJ Freeman that constituted an alteration, amplification, or extension of the disclosed advice within the relevant period should also be disclosed.

Court Disposition

Defendants' application for further disclosure refused save for a limited category.

Orders

  • Claimant to disclose any later advice by Mr Briggs or DJ Freeman which is an alteration, amplification, or extension of the advice already disclosed.