Challenging Privilege Claims And Documents Held By Consultants: Key Lessons

In Saudi Arabian Airlines Corporation v International Airfinance Corporation & Ors [2026] EWHC 2326 (Comm), the court made clear that simply because there was a "surprising and critical" absence of strategy documents which were expected to have existed does not necessarily mean there is anything wrong with that opponent's disclosure process or the assessment of legal privilege. Before asking the court to investigate further, there must be more than a general suspicion: see Crane Bank v DFCU Bank [2026] EWHC 522 (Comm), per Dame Clare Moulder at [15]-[16]. Even then, parties must act promptly in making the challenge, and it is likely that the court will only order further searches or reviews where it furthers the overriding objective, particularly when trial is imminent. The outcome was, however, very fact-specific, and each challenge will turn on its own circumstances.