header-logo header-logo

Playing the privilege card

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

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll