By Miranda Whiteley
Relief from sanctions: where two of the defendant’s witness statements were posted on the date on which they were required to be served, relief from sanctions was required if the defendant was to rely upon their evidence. While the non-compliance, taken by itself, might be characterised as trivial (see Mitchell v News Group Newspapers Ltd), it had to be seen against the background of a previous extension of time and a failure to make the application for relief promptly. The Court of Appeal set aside the decision giving relief from sanctions (Durrant v Chief Constable of Avon & Somerset Constabulary).
Litigation privilege: in an action concerning the defendant’s entitlement to deferred consideration following the sale of a business, the defendant failed to establish that reports made by a bank and an accountant in the months preceding the litigation were protected from disclosure by litigation privilege. The defendant failed to establish that litigation with the claimant was reasonably contemplated or anticipated at the relevant time and that the dominant purpose of the reports was the litigation that followed (Starbev GP Ltd v Interbrew Central European Holding BV)…
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