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High Court refuses plaintiff's application for further and better discovery of some 170 documents and rules that the majority of the documentation, assessed individually by the court, is protected by litigation privilege as the defendant has established that the dominant purpose for their creation was for the purposes of investigations by the Office of the Director of Corporate Enforcement and the Financial Regulator.
Application for further and better discovery - extensive discovery already made - defendant's claim of privilege over disputed documents generated for purpose of dealing with inquiries an issues arising from investigations of financial regulator and Office of the Director of Corporate Enforcement - dominant purpose - litigation or investigatory or regulatory privilege - 181 documents - defence counsel takes court through each document in earshot of plaintiff's counsel - general and additional documentation - privilege rightly asserted - small number of documents where privilege is no longer being maintained.
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