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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll