Source: All England Reporter
Publisher Citation: [2002] All ER (D) 356 (Mar)
Court: Chancery Division

Roger Kaye QC sitting as a deputy judge of the High Court

Representation Andrew Onslow (instructed by Allen & Overy) for the claimant.
  Victor Joffe QC (instructed by DLA) for the defendants.
Judgment Dates: 22 March 2002


Discovery - Privilege - Waiver of privilege - Documents created as a result of without prejudice mediation - Defendants listing documents in disclosure list - Claimants producing evidence mentioning documents as a result of defendants' disclosure list - Defendants applying for removal of claimants' evidence - Whether defendants listing documents a clear and unequivocal indication of intention to use documents.

The Case

The defendants' application for the removal of references to interviews with employees, or former employees, conducted for the purposes of a mediation, from the claimants' expert's report and witness statements was allowed as there was no clear and unequivocal representation by the defendants making it fair and just to allow the claimant to rely on the material.

Practice Areas

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