Source: All England Reporter
Publisher Citation: [2009] All ER (D) 37 (Sep)
Neutral Citation: [2009] EWCA Civ 1323
Court: Court of Appeal, Civil Division
Judge:

Wilson, Etherton and Sullivan LJJ (judgment delivered extempore)

Representation Tom Weitzman QC and Sophie Mallinckrodt (instructed by Nabarro LLP) for the claimants.
  Nigel Jacobs QC (instructed by Stephenson Harwood) for the defendants.
Judgment Dates: 4 September 2009

Catchwords

Disclosure - Privilege - Confidential documents - Vessel struck amidships - Vessel constructive total loss - Claimants commencing proceedings against defendants claiming full indemnity - Claimants seeking specific disclosure of documents - Judge finding defendants entitled to rely on litigation privilege - Whether judge erring.

The Case

Disclosure Privilege. Court of Appeal, Civil Division: The judge had been correct to find that the defendants were entitled to claim litigation privilege in respect of documents relating to the estimated cost of repairs of a vessel.

Practice Areas

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