At 3pm on 30 November, the Court of Appeal handed down judgment in the case of West Ham United v E20 Stadium (No.2) which raised issues relating to the scope of litigation privilege and the grounds upon which the Court might be prepared to “go behind” a claim to privilege and inspect controversial documents.

The appeal sought to challenge the decision at first instance of Norris J (see at [2018] EWHC 2784 (Ch)) which was based on the well-known guidance given by Beatson J (as he was) in West London Pipeline and Storage Ltd v Total UK [2008] 2 CLC 258 and the Judge’s interpretation of the recent case of SFO v ENRC [2018] EWCA Civ 2006.

The Court of Appeal also considered the leading cases of Three Rivers (No.6) [2005] 1 AC 610 and Waugh v British Railways Board [1980] AC 521 and the issue of whether internal board discussions regarding litigation are covered by litigation privilege as was found in the lesser known case of Mayor and Corporation of Bristol v Cox (1884) 26 Ch D 678.

This case has followed a spate of decisions at first instance and in the Court of Appeal this year in which the scope and waiver of legal professional privilege have been considered as well as the extent to which a litigant may challenge and/or investigate redacted material: SFO v ENRC; Financial Reporting v Sports Direct [2018] All ER 29; West Ham United v E20 (No.1) [2018] EWHC 2578 (Ch) (judgment of Snowden J); and Sotheby’s v Mark Weiss [2018] EWHC 3179 (Comm) (judgment of Teare J).

Quadrant Chambers is holding a Christmas Seminar which will consider this developing area, including in particular:

·       When documents prepared for litigation are not privileged.

·       How a claim to privilege may be challenged.

·       When documents aimed at settling a claim are not privileged.

·       When internal “strategy” discussions are not privileged.

·       The waiver of legal professional privilege generally.

·       How to manage disclosure which is the subject of aggressive redactions.

·       When the Court may be prepared to inspect challenged documents.

Timings: 5:45pm welcome refreshments for a 6:00pm start. (please note the slightly earlier start time).  Followed by Christmas canapes and mulled wine from 7pm.

For any assistance please email marketing@quadrantchambers.com.

We do hope you will join us at what promises to be an excellent event. Please register using the button below: