HT-2022-000132 - [2025] EWHC 1058 (TCC)

I should start by observing that this description is, in a sense, shorthand. As considered at some length above, the issue is not as such whether the document was obviously privileged but whether it should have been obvious to the reasonable solicitor that a privileged document had been disclosed by mistake. But where the document is not itself obviously privileged it is all the less likely to be the case that the reasonable solicitor should have reached the conclusion that it had been inadvertently disclosed. The flipside of this argument is Ms Hannaford’s submission that some documents had “red flags” on them because they were very clearly privileged and even marked as privileged.