Lisa Linklater successfully opposes application to restrain use of privileged document given for inspection
April 11, 2017
Lisa Linklater has successfully resisted an application for an injunction to restrain use of a privileged document given by the other party for inspection to her client. The application was heard by HHJ Klein sitting as a High Court Judge in Leeds District Registry.
HHJ Klein applied the leading Court of Appeal decision of Al-Fayed v Commissioner of Police of the Metropolis  EWCA Civ 780. In dismissing the application, HHJ Klein held that on the facts there was no mistake and further that any such mistake was not obvious.
The application arose in a claim by Lisa’s client for breach of warranties in a share purchase agreement. The companies purchased by the Claimant constructed, developed and operate wind farms in Scotland.
Lisa was instructed by Newtons Solicitors of Knaresborough. The Defendant was represented by Goodman Derrick LLP. The Defendant is seeking permission to appeal from the Court of Appeal and has indicated that it has retained Mr Charles Hollander QC for that purpose.