National Westminster Bank Plc v Rabobank Nederland

Legal advice privilege does not extend to documents not constituting communications between lawyer and client. Documents 1/200-201, communicated via the audit department, are not privileged. The court will not inspect the YFG report and associated documents at this stage but will require Rabobank's solicitors to make an affidavit verifying privilege claims.

Parties: Claimant: National Westminster Bank PLC; Defendant: Rabobank Nederland
Jurisdiction: England and Wales
Judgment Date: 15 September 2006
Procedural Posture: Commercial Application / Interlocutory Application for Specific Disclosure and Privilege Determination
Outcome: Application granted in part
Legal Topics: Legal Professional Privilege, Disclosure of Documents, Litigation Privilege, Legal Advice Privilege

Civil Procedure Banking Law Legal Professional Privilege Disclosure of Documents Litigation Privilege Legal Advice Privilege

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Parties

National Westminster Bank PLC

Claimant

Rabobank Nederland

Defendant

Procedural Posture

Commercial Application / Interlocutory Application for Specific Disclosure and Privilege Determination

Legal Issues

1 Whether documents are protected by legal advice privilege or litigation privilege
2 Whether the court should inspect documents to determine privilege
3 Whether mistakes in disclosure undermine privilege claims

Ratio Decidendi

Court Disposition

Application granted in part

Orders

Rabobank's solicitors to make an affidavit verifying privilege claims for all documents currently withheld.
Declaration that documents at bundle 1/200-201 are not subject to legal advice privilege.