- Litigation privilege successfully relied upon in application for pre-action disclosure (Skymist Holdings Ltd v Grandlane Developments Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: In an application for pre-action disclosure, Moulder J held that litigation privilege attached to communications between the (proposed) defendant and its subcontractor. The (proposed) claimant alleged that the dominant purpose of the communications was a parallel claim the subcontractor had against the defendant. But since the defendant and its subcontractor could be shown to have worked together to prepare the defendant’s claim against the claimant, that latter piece of litigation was found to be the dominant purpose of communications. The case provides a useful summary and application of the authorities on litigation privilege, as well as some helpful judicial observations on how far a party need go to comply with a disclosure order. Written by Daniel Webb, barrister at Selborne Chambers.
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