Transport for Greater Manchester v Thales Transport & Security Ltd [2013] EWHC 149 (TCC) (08 February 2013)

Transport for Greater Manchester v Thales Transport & Security Ltd [2013] EWHC 149 (TCC) (08 February 2013)

Thales failed to establish that the dominant purpose of the December 2011 Nichols Group report was for contemplated litigation; the evidence showed mixed purposes and insufficient specificity to support the privilege claim.

Citation
[2013] EWHC 149 (TCC)
Parties
Claimant: Transport for Greater Manchester (formerly Greater Manchester Passenger Transport Executive); Defendant: Thales Transport & Security Limited
Jurisdiction
England and Wales
Judgment Date
08 February 2013
Procedural Posture
Disclosure Dispute Within Civil Litigation / Post Judgment, Determination of Privilege Over Specific Documents
Outcome
Claim for litigation privilege over the December 2011 Nichols Group report rejected; report to be disclosed.
Legal Topics
Litigation Privilege, Disclosure of Documents, Legal Professional Privilege, Dominant Purpose Test
Civil Procedure Commercial Law Litigation Privilege Disclosure of Documents Legal Professional Privilege Dominant Purpose Test

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Parties

Transport for Greater Manchester (formerly Greater Manchester Passenger Transport Executive)

Claimant

Thales Transport & Security Limited

Defendant

Procedural Posture

Disclosure Dispute Within Civil Litigation / Post Judgment, Determination of Privilege Over Specific Documents

Legal Issues

  1. 1 Whether the December 2011 Nichols Group report is protected by litigation privilege
  2. 2 Whether the dominant purpose of the report was for contemplated litigation

Ratio Decidendi

Thales failed to establish that the dominant purpose of the December 2011 Nichols Group report was for contemplated litigation; the evidence showed mixed purposes and insufficient specificity to support the privilege claim.

Court Disposition

Claim for litigation privilege over the December 2011 Nichols Group report rejected; report to be disclosed.

Orders

  • Thales to disclose the December 2011 Nichols Group report by 11 February 2013.
  • Any representations on costs and summary assessments to be submitted in writing by 8 February 2013.