Scotthorne v. Four Seasons Conservatories (UK) Ltd [2010] UKEAT 0178_10_1405 (14 May 2010)
Documents and advice sought by the Respondent from its insurer and advisers after the altercation on 21 April 2009 are protected by litigation privilege, as they were created for the dominant purpose of anticipated litigation; material prior to that date is neither relevant nor necessary for the trial.
Source-derived case information.
- Citation
- [2010] UKEAT 0178_10_1405
- Parties
- Appellant: Claimant; Respondent: Respondent
- Jurisdiction
- United Kingdom
- Judgment Date
- 14 May 2010
- Procedural Posture
- Employment Appeal / Appeal Against Disclosure Order
- Outcome
- appeal dismissed
- Legal Topics
- Disclosure, Legal Privilege, Litigation Privilege, Legal Advice Privilege, Unfair Dismissal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Claimant
Appellant
Respondent
Respondent
Procedural Posture
Employment Appeal / Appeal Against Disclosure Order
Legal Issues
- 1 Whether documents sought by the Claimant are protected by legal advice privilege or litigation privilege
- 2 Whether material prior to 21 April 2009 is relevant or necessary for the trial
Ratio Decidendi
Documents and advice sought by the Respondent from its insurer and advisers after the altercation on 21 April 2009 are protected by litigation privilege, as they were created for the dominant purpose of anticipated litigation; material prior to that date is neither relevant nor necessary for the trial.
Court Disposition
appeal dismissed
Orders
- Order of Employment Judge Shore refusing disclosure and inspection of privileged documents upheld
Full Case Text
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