Source: All England Reporter
Publisher Citation: [2002] All ER (D) 398 (Mar)
Court: Queen's Bench Division
Judge:

Curtis J

Representation Michael Briggs QC and Phillip Marshall (instructed by Lewis Silkin) for the claimant.
  Duncan Macleod and Perrin Gibbons (instructed by the Metropolitan Police) for the first and second defendants.
  Simon Freeland (instructed by Rowe & Cohen) for the third defendant.
Judgment Dates: 26 March 2002

Catchwords

Disclosure - Production of documents - Inspection - Discovery carried out under pressure of time and without due care - Privileged documents mistakenly disclosed - Privileged documents copied by other party - Whether disclosure result of obvious mistake - Whether mistake obvious to hypothetical reasonable solicitor.

The Case

A defendant, which had mistakenly disclosed privileged documents to claimants, was entitled to their return in circumstances where a hypothetical solicitor who had received them would have at one realised that they were legally privileged and that they had been disclosed by mistake.

If you are a LexisLibrary subscriber you can read more about this case here.