Documents generated by claims consultants are disclosable in litigation
‘What we needed was a lawyer.’ These are words of Mr Mackay, the first defendant in the case of Walter Lilly & Co Ltd v (1) Mackay (2) DMW Development Ltd  EWHC 649 (TCC). The judgment in this case reinforces the reality of that statement, as Mr Justice Akenhead in the Technology and Construction Court held that documents generated by claims consultants are not covered by legal professional or legal advice privilege and are therefore disclosable in litigation. For clients to be able to claim privilege over legal advice, the advice must have been given by a practising solicitor or barrister.
The claimant contractor brought a claim against the client (first defendant) and developer (second defendant) in relation to the construction of a substantial house. During the building works the first defendant had engaged the claims consultants, Knowles Ltd, to provide “contractual and adjudication advice”. The claimant contractor applied for disclosure of all correspondence and documents created by the claims consultants. The defendants sought to withhold production of the documents on the basis that they attracted legal advice privilege…
If you are registered and logged in to the site, click on the link below to read the rest of the Addleshaw Goddard briefing. If not, please register or sign in with your details below.
News from Addleshaw Goddard
News from The Lawyer
Briefings from Addleshaw Goddard
Data Issues Roundup — new Irish data protection commissioner appointed; Racing Post falls short on IT security; and more
Addleshaw Goddard has released the 15 September 2014 issue of its Data Issues Roundup publication.
The Court of Appeal in has considered the effect of a lease provision requiring a repeat guarantee as a condition of landlord’s consent on intragroup assignment.
Analysis from The Lawyer
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?
The past five years have not been easy for Addleshaw Goddard. The firm’s revenue fell 7 per cent from £173.1m to £161.9m between 2008/09 and 2010/11 and despite finances looking up in 2011/12, when Addleshaws reported a 30 per cent increase in net profit, it has shown no notable compound growth in turnover since 2007/08.