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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll