Avoid The Pitfalls Of Losing Privilege

In the recent, and as yet unreported, decision of UAP Agrochemicals KZN (Pty) Ltd & another v Nefic Estates (Pty) Ltd Case no: AR515/11, by the full bench of the KwaZulu-Natal High Court in Pietermaritzburg, the appellant succeeded in maintaining its privilege over certain expert and loss adjuster's reports.

Background

Nefic Estates (Pty) Ltd, the plaintiff in the matter, had brought an application for disclosure of documents over which the defendants had claimed privilege. The application was brought on two grounds, namely that:

• the reports had been prepared prior to litigation being contemplated; and
• there had been an agreement between the parties that four expert reports would be given by the defendants to the plaintiff.