18.8.08 - Lewis Findlay v Cantor Index ET AL [2008] EWHC 90116 (Costs)

The Claimant commenced detailed assessment proceedings claiming over £1m costs. During the course of this process the Defendants solicitors sought disclosure of the CFA. The Claimants solicitors refused to disclose on the grounds that there was no reason to disclose such a standardised document (sine the abolition of the CFA 2000 Regulations). Both parties maintained their positions on the disclosure point.

With a view to appeasing the Defendants persistent solicitors, the Claimants solicitors disclosed their risk assessment. This made reference inter-alia to Counsels advice and the CFA itself.

Not content with their opponents stance, the Defendants solicitors made an application for disclosure of Counsels advice and the CFA. In support of their application, the Defendants were reliant upon the Claimants disclosure of the risk assessment. It was submitted that such disclosure constituted a waiver of privilege which in turn meant that the Claimant could not apply the principle of privilege to any of the related documentation i.e Counsels advice and the CFA.

The Court rejected the Defendants proposition that disclosure must follow the privilege waiver.