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EVIDENCE: All the cards on the table

28 January 2011  

Mike Wells and Donald McDonald consider recent cases on evidence and privilege

The principle of open evidence, that all the relevant material should be before a court to enable it to deal justly with the case in hand, is a strong feature of our justice system. A number of rules of evidence and disclosure, however, restrict the material a court may see. Some recent cases, especially concerning legal professional privilege, have clarified the boundary between what the court gets to see and what it does not.

 

Additional Info

  • Case(s) Referenced:

    Akzo Nobel Chemicals Ltd & anor v European Commission & ors [2010] ECJ C-550/07 P

    AM & S Europe Ltd v Commission [1982] ECR 1575

    BBGP Managing General Partner Ltd & ors v Babcock & Brown Global Partners [2010] EWHC 2176 (Ch)

    Dolphin Tanker Srl v Westport Petroleum Inc[2010] EWHC 2617 (Comm)

    Oceanbulk Shipping & Trading SA v TMT Asia Ltd & ors [2010] UKSC 44

    Phillips v Newsgroup Newspapers Ltd & ors [2010] EWHC 2952 (Ch)

    R (on the application of Prudential plc & another) v Special Commissioner of Income Tax & another [2010] EWCA Civ 1094

    The Owners and/or Demise Charterers of the Dredger ‘Kamal XXVI’ and the Barge ‘Kamal XXVI’ v The Owners of the Ship ‘Ariela’ & anor[2010] EWHC 2531 (Comm)