Round-up of four recent notable decisions about disclosure and privilege
In Rawlinson and another v Akers and another, the Court of Appeal has confirmed that there was no litigation privilege in reports obtained by liquidators, where the liquidators had failed to show that the documents had been produced for the ‘dominant purpose’ of litigation.
The proceedings related to the claim by the Tchenguiz brothers, and their associated companies and trusts, for damages following searches and seizures carried out by the Serious Fraud Office (SFO).
The application for the search warrants relied on five reports prepared by Grant Thornton UK (GT) and shown to the SFO, which was not permitted to make copies. As the claimants could not obtain copies from the SFO, they sought third-party disclosure of the GT reports from two individuals, employees of GT who were the joint liquidators of certain companies relevant to the underlying matters, pursuant to CPR 31.17…
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