*WH Holding Ltd and another company v E20 Stadium LLP

Disclosure and inspection of documents – Order for disclosure. The appeal of the appellants (together, West Ham) in a dispute concerning stadium use by West Ham Football Club was allowed. West Ham challenged the litigation privilege claimed concerning a number of documents. The Court of Appeal, Civil Division, held that the ground on which privilege was claimed for the documents was that they had been created with the dominant purpose of discussing a commercial settlement of the dispute when litigation with West Ham had been in contemplation, and that a claim in those terms did not fall within the scope of litigation privilege.

Category: