FM Capital Partners Ltd v Marino and others

Disclosure and inspection of documents – Relevance of documents. The application of the third defendant (O) for disclosure of documents succeeded only in relation to an interim report which had been supplied to another defendant (M). Where litigation had been in prospect - including litigation against M - and that had been the dominant purpose in preparing the report, the inference to be drawn was that M would have been free to use the report not only for the immediate purpose of the disciplinary proceedings but the wider purpose of the litigation against him that was likely to follow. The Commercial Court held that, by virtue of the deployment of the report by M, privilege had been lost as against the other parties to the proceedings for the purposes of the proceedings.

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