header-logo header-logo

Home Login E-newsletter About us
22 November 2019 / Charles Pigott
Issue: 7865 / Categories: Features
printer mail-detail

Iniquity, privilege & an unwise conversation in the pub

© Copyright LexisNexis 2026. All Rights Reserved.
11896
Charles Pigott reflects on Curless & the complexities of addressing discrimination claims in the context of a wider redundancy programme
  • The Court of Appeal has ruled that Shell could claim privilege in an e-mail giving legal advice about dealing with a discrimination claim in the context of a wider redundancy programme
  • It took a different view from the Employment Appeal Tribunal, which ruled last year that privilege could not be claimed, because the advice had been given ‘for the purpose of facilitating an iniquity’.

The Court of Appeal’s decision in Curless v Shell International Limited [2019] EWCA Civ 1710, [2019] All ER (D) 137 (Oct) touches on a subject that is commonly encountered by employment lawyers when advising on implementing a redundancy programme.

What happened?

In this case Michael Curless had been employed as a senior legal counsel by Shell. He has Type 2 diabetes and obstructive sleep apnoea. There had been long-standing concerns about his performance. He had made complaints about disability discrimination and had

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

NEWS
Read All
NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
Copyright © 2026 LexisNexis
back-to-top-scroll