Legal Professional Privilege

A recent case in the Technology and Construction Court considered whether documents generated by a claims consultant attracted legal professional privilege or whether they had to be disclosed to the other party in a litigation.

The case is Walter Lilly & Co v Giles Mackay & DMW Developments Limited, March 2012.

The facts

Lilly had been employed by DMW to construct a large house in London.  There were delays, and claims for extension of time and loss and expense.  Mr Mackay, who was to be the owner of the house when constructed, retained Knowles Limited to provide "contractual and adjudication advice". 

The project ended up in litigation, in the course of which there was disclosure of documents by the parties. In the course of the disclosure exercise, it became apparent that certain of the documents prepared by Knowles had not been disclosed by Mr Mackay's solicitors.