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

In relation to the groups in Annexure 1, Mr Hossain submitted that they raised 5 overarching issues which went to the question of whether or not it should have been obvious to BCLP that the document was privileged and had been inadvertently disclosed: (1) that the document was previously redacted; (2) it was unknown from the document that it involved lawyer communication; (3) disclosure appeared deliberate; (4) the content in question was not legal advice; and (5) the documents were shared externally and the relevant content lost any privilege it may have had. He then identified the following categories of documents:

Rather than address each group in the Annexure in the order they appeared, Mr Hossain then made his submissions by reference to these categories and by applying these overarching principles to types of documents which he submitted fell into those categories. Although that departs from the order in the Annexure, and although Ms Hannaford took a slightly different approach to overarching themes, Mr Hossain’s structure was a helpful way to address the issues and is one I adopt.

Before embarking on this exercise, I note again that in Annexure 1, BCLP (Mr Bryant) have set out their comments on each group, HL have responded and BCLP have replied. It would be wholly impractical to set out in their entirety these comments/ submissions. I set out some to illustrate the pattern of the arguments but will otherwise seek to summarise them as appropriate.