T v H [1990] JLR 124 (05 July 1990)

T v H [1990] JLR 124 (05 July 1990)

A claim to privilege over communications with a third party fails prima facie if the party makes no reference to the document, no claim to privilege in the list of documents, and files no affidavit claiming privilege.

Citation
[1990] JLR 124
Parties
Applicant: T; Respondent: H
Jurisdiction
Jersey
Judgment Date
05 July 1990
Procedural Posture
Civil / Interlocutory
Outcome
claim to privilege rejected
Legal Topics
Privilege, Communications With Third Parties, Disclosure of Documents
Evidence Privilege Communications With Third Parties Disclosure of Documents

Case Brief

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Parties

T

Applicant

H

Respondent

Procedural Posture

Civil / Interlocutory

Legal Issues

  1. 1 Whether communications between a litigant and a third party are privileged if not obviously privileged and initiated before litigation
  2. 2 Whether a party claiming privilege must establish it by reference to the document and a claim in the list of documents or affidavit

Ratio Decidendi

A claim to privilege over communications with a third party fails prima facie if the party makes no reference to the document, no claim to privilege in the list of documents, and files no affidavit claiming privilege.

Court Disposition

claim to privilege rejected

Orders

  • Privilege not established; documents must be disclosed.