Practice & procedure

Where there had been extensive deployment in interlocutory proceedings, such as a summary judgment application, of privileged material (albeit without reference to specific documents) in order to support a party’s case on the substantive merits of his claim or defence, such deployment engaged the collateral waiver principle, and it was too late for the deploying party to attempt to turn the clock back.

That was the case even if the deploying party was seeking to preserve its position by asserting that it had not yet made up its mind whether to adduce the evidence, which it deployed at the summary judgment stage, at trial.