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

This “group” is a single document entitled “ITA Outcome board report Draft v184”. It is a draft of the Invitation to Apply Outcome Board Report authored by Andrew Wilson and with the Commercial Team as the Document Editor, neither of these being part of the legal team. The claim for privilege arises out of a handful of comments initialled “SK” who is now identified as Ms Khan. HL contend that BCLP knew, or perhaps ought to have known, that “SK” and Ms Khan were part of the legal team but that is not a submission I accept for the reasons already given.

Paragraph 1 is an Executive Summary. The summary contained a paragraph which stated that the report was the GC’s official record of the competition and amongst other things evidenced its compliance with its obligations in accordance with the competition strategy. Ms Hannaford drew particular attention to comment SK3 which recommended [REDACTED]. The comment SK4 raised a query [REDACTED]. The comment SK5 suggested [REDACTED]/

I do not see that there is anything in these comments that ought to have alerted the reasonable solicitor to the obvious mistaken disclosure of a privileged document. On its face the document is being circulated within a commercial team for comment. Even if it were known that there was a member of the legal team with the initials “SK”, there is nothing in this document that alerts the reviewer to the fact that these comments are being made by that same person. One of the comments may refer to legal obligations but that is hardly sufficient to alert a reviewer to the fact that it is made by a lawyer and providing legal advice. On the contrary, all the comments are simply comments about what the GC should include in its paper recording what has already happened in the competition. I give permission to use this document.