Cafe de Lecq v Rossborough Ltd. [2011] JLR 182 (29 March 2011)

Cafe de Lecq v Rossborough Ltd. [2011] JLR 182 (29 March 2011)

Litigation privilege attaches to documents created when litigation is pending or reasonably in prospect, provided the dominant purpose is to obtain legal advice or to conduct or aid in the conduct of litigation.

Citation
[2011] JLR 182
Parties
Applicant: Cafe de Lecq; Respondent: Rossborough Ltd.
Jurisdiction
Jersey
Judgment Date
29 March 2011
Procedural Posture
Civil / Judgment
Outcome
Privilege applies if dominant purpose test is satisfied.
Legal Topics
Privilege, Litigation Privilege, Contemplation of Litigation
Evidence Privilege Litigation Privilege Contemplation of Litigation

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Parties

Cafe de Lecq

Applicant

Rossborough Ltd.

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether litigation privilege applies to a document created when litigation is pending or reasonably in prospect

Ratio Decidendi

Litigation privilege attaches to documents created when litigation is pending or reasonably in prospect, provided the dominant purpose is to obtain legal advice or to conduct or aid in the conduct of litigation.

Court Disposition

Privilege applies if dominant purpose test is satisfied.