||All England Reporter
|| All ER (D) 356 (Mar)
Roger Kaye QC sitting as a deputy judge of the High Court
||Andrew Onslow (instructed by Allen & Overy) for the claimant.
||Victor Joffe QC (instructed by DLA) for the defendants.
||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 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.
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