2012 Construction Case Law Summary (January – June)

Following on from our case law summary of 2011, the first half of 2012 has also seen a number of important decisions made in the Courts which may affect our clients and contacts in the property and construction sectors. A selection of these cases is set out below:

Claims consultants and legal professional privilege:

Walter Lilly & Company Ltd v Mackay & Anor [2012] EWHC 649

This case is a reminder of the scope of legal professional privilege. The claimant in this case was a building contractor who had been engaged to construct a house for one of the defendants. The defendant had engaged a claims consultant (Knowles) for "contractual and adjudication advice". The defendant claimed that the majority of the Knowles documentation was privileged and did not disclose it. The contractor applied for an order requiring disclosure of these documents and the Court agreed holding that legal professional privilege did not apply. The Judge gave weight to the fact that