Transport for Greater Manchester v Thales Transport & Security Ltd

Transport for Greater Manchester v Thales Transport & Security Ltd

Thales failed to discharge the burden of proving that the dominant purpose of the December 2011 Nichols Group report was for contemplated litigation; the evidence showed mixed purposes and lacked specificity, and the claim for litigation privilege was not made out.

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
Civil (disclosure/privilege Dispute) / Post Judgment Application Regarding Litigation Privilege Over Specific Documents
Outcome
Claim for litigation privilege over the December 2011 Nichols Group report rejected.
Legal Topics
Litigation Privilege, Disclosure of Documents, Dominant Purpose Test, Legal Professional Privilege
Civil Procedure Evidence Litigation Privilege Disclosure of Documents Dominant Purpose Test Legal Professional Privilege

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Parties

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

Claimant

Thales Transport & Security Limited

Defendant

Procedural Posture

Civil (disclosure/privilege Dispute) / Post Judgment Application Regarding Litigation 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 discharge the burden of proving that the dominant purpose of the December 2011 Nichols Group report was for contemplated litigation; the evidence showed mixed purposes and lacked specificity, and the claim for litigation privilege was not made out.

Court Disposition

Claim for litigation privilege over the December 2011 Nichols Group report rejected.

Orders

  • Thales to disclose the December 2011 Nichols Group report no later than 11 February 2013.
  • Any representations on costs and summary assessments to be submitted in writing by 8 February 2013.