||All England Reporter
|| All ER (D) 155 (Feb)
||Queen's Bench Division, Commercial Court
Andrew Smith J
||Mark Barnes QC and Daniel Toledano (instructed by Ashurst Morris Crisp) for Sumitomo.
||Michael Briggs QC and Alain Choo-Choy (instructed by Clifford Chance) for CLR.
||14 February 2001
Discovery - Legal professional privilege - Document obtained for purpose of actual or contemplated litigation - Document not coming into existence for purpose of litigation - Claimant bringing action for breach of fiduciary duty - Claimant alleging defendant assisting dishonest employee of claimant - Claimant translating numerous Japanese documents - Claimant arguing selection of documents for translation rendering documents privileged - Whether privilege attaching to translations.
In determining a claim for legal professional privilege for translated documents the issue was whether the translation imported any relevant extrinsic element into the document. There was no justification for affording protection from disclosure to translations of unprivileged documents. In order to assert that the selection of documents represented the result of the professional care and skill of the lawyers, the party claiming privilege would have to show a risk that disclosure would betray the trend and advice of their lawyers.
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