The High Court of England and Wales has ordered a defendant to redo a significant portion of his disclosure as a result of a failure to properly explain the basis for heavy redactions across a significant number of documents
Exercise to ‘Provide Ballast’ to Irrelevant Claims Not Covered by Litigation Privilege
When litigation is either underway or in prospect, the unwary can fall into the trap of assuming that everything they do that is related to that dispute (however tenuously) will be covered by litigation privilege. The decision in Kyla Shipping Co Ltd & Another v Freight Trading Ltd & Others is a salutary reminder to remain clear headed in respect of privilege issues.