header-logo header-logo

11 September 2008 / Jamie Maples
Issue: 7336 / Categories: Opinion , Profession
printer mail-detail

Playing the privilege card

Jamie Maples considers the power of the court to “go behind” affidavits in support of privilege claims

In a recent decision in proceedings arising from the explosion and fi re at the Buncefield oil terminal in December 2005, West London Pipeline & Storage Ltd v Total UK Ltd and others [2008] EWHC 1729 (Comm), [2008] All ER (D) 294 (Jul), Mr Justice Beatson has given guidance on the making of claims to litigation privilege and on the jurisdiction of the court to “go behind” affidavits in support of such claims. The decision is also relevant to the drafting of internal policies concerning the conduct of investigations by companies, in the wake of major incidents like the Buncefield explosion, and to the status of documents produced in the course of such investigations in any subsequent legal proceedings.

Specific disclosure
The judgment concerned an application by TAV Engineering Ltd (TAV), a third party to the proceedings, for specific disclosure of certain documents in the possession of two of the defendants, Total UK Ltd and Total Downstream

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll