Waugh v British Railways Board 1980 AC 521 The Claimants representative sought

Waugh v british railways board 1980 ac 521 the

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Waugh v. British Railways Board [1980] A.C. 521 The Claimant’s representative sought disclosure of an interal inquiry report prepared by two of the Board’s officers two days after the accident. The report was headed “For the information of the Board’s solicitor”, but the written evidence on the application for disclosure made it clear that there were two purposes in providing the report, namely, to establish the cause of the accident so that safety measures could be introduced, and for legal advice in the event of any claim. The Board regarded both purposes as of equal importance. Whether the British Railways Board can claim privilege in respect of a report which is taken place between the company and insurers and solicitors, about the circumstances of the evidence and for internal purposes to prevent further accidents coming up It was held that the document is not privileged and had to be disclosed. It would have been protected by legal professional privilege if the purpose of the document is solely, or propenderouly for the purpose of actual or contemplated litigation. Lord Edmund-Davies “…we should start from the basis that the public interest is, on balance, best served by rigidly confining within narrow limits the cases where material relevant to litigation may be lawfully withheld. Justice is better served by candor than by suppression” Guinness Peat Properties Ltd. v. Fitzroy Robinson Partnership [1987] 2 All E.R. 716 The D allowed the C to inspect certain files before serving a list of documents. By accident, a privileged letter was left in one of the files, and the C took a copy of it. The document later appeared in the D’s list of documents, w/o a claim for privilege, and the C was again allowed to inspect it at the D’s solicitors’ office, but was not given a copy. Then what about the D and the insurer’s communication? Which must have mentioned about the claim and also quantifying the insurance? Construction of an office building. The building has a problem, unfortunately, specified a type of glass which there is not enough light, and so the glass has to be replaced, assuming that the architects are of professional negligence. The architects talked about this w/ the insurers in a letter, and some how contain an admission of liability. So is this letter privileged? In the case of CA, the documents is privileged, even though you can have argue that it has more than one function. Re Barings plc [1998] 1 All E.R. 673 (Note that in this case Sir Richard Scott V-C implies that the litigation privilege only attaches to communications with third parties if the effect of disclosure would be to reveal the line of advice given to the client, or the client’s instructions. This is not the orthodox opinion, according to which the privilege attaches to all communications with third parties for the purposes of actual or contemplated litigation.) Impliedly rejected by the judges in the 3 rivers case.
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  • The Land, criminal law, Lawyer, Evidence law, Attorney-client privilege, Crown Proceedings Act 1947

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