Source: All England Reporter
Publisher Citation: [2001] All ER (D) 246 (Dec)
Court: Chancery Division

Neuberger J

Representation John L Powell QC, Roger Stewart QC and Amanda Savage (instructed by Richards Butler) for the barristers.
  Guy Mansfield QC and Derrick Dale (instructed by Reynolds Porter Chamberlain) for the solicitors.
  Paul Stanley (instructed by Richards Butler) for the third, eight, ninth and tenth defendants.
  Barbara Dohmann QC and Robert Anderson (instructed by Berwin Leighton Paisner) for the first, second, fourth, fifth, seventh and eleventh defendants.
Judgment Dates: 17 December 2001


Privilege - Legal professional privilege - Documents - Wasted costs proceedings - Applicants claiming costs arising out of application to discharge injunction obtained without notice - Applicant claiming injunction would not have been granted if certain documents had been disclosed to judge - Whether fact that barristers knew of or saw documents at or before without notice hearing was a matter which of itself attracted client's privilege.

The Case

Where the applicants sought a wasted costs order in respect of an application to discharge an injunction obtained without notice on the ground that the injunction would not have been granted had certain documents been disclosed to the judge, the barristers could properly be required to answer the question whether they knew of or saw the documents at the time the injunction application came before the judge.

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