Share on LinkedInShare on LinkedIn

ARTICLE · 05 DECEMBER 2018

Sotheby's v Mark Weiss Ltd: Court Refuses Litigation Privilege

The claimant sought to claim litigation privilege in respect of correspondence passing between it and two expert advisers.

United KingdomLitigation, Mediation & Arbitration

Sotheby's v Mark Weiss Ltd: Judge rules that litigation privilege cannot be claimed

The claimant sought to claim litigation privilege in respect of correspondence passing between it and two expert advisers. Teare J has now held that litigation privilege could not be claimed over that correspondence.

The judge rejected a suggestion that the recent Court of Appeal decision in SFO v ENRC had changed the law where a document has been brought into existence for two purposes (one of which is for litigation). The court must still ascertain whether the dominant purpose of the document was obtaining information or advice in connection with, or of conducting or aiding the conduct of, litigation.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from