WEST LONDON PIPELINE AND STORAGE LTD V TOTAL UK LTD (NO 2)

[2008] EWHC 1729 (Comm), Queen’s Bench Division, Commercial Court, Mr Justice Beatson, 22 July 2008

Procedure – Litigation privilege – Affidavit asserting right to litigation privilege – Whether court had power to go behind affidavit – Appropriate remedy

This was an application by Part 20 defendants to obtain specific disclosure of documents in the possession of the main defendants/Part 20 claimants. The issue was whether the court could go behind an affidavit claiming litigation privilege. The information in the documents was mainly factual, relating to the circumstances surrounding the Buncefield explosion. Beatson J held that privilege had not been established by the affidavit.