Nola Pearce acted for the employer (a corporate entity who is a non-party to the appeal proceedings) to dispute the ambit of a Notice of Non-Party Disclosure issued by the appellant (a former high-level executive employee). The Commission decided in the employer’s favour that legal professional privilege in oral and written legal advices provided to the employer by its solicitors had not been waived by a mere reference to that advice in a witness statement relied on by the regulator. Consequently, the employer was not required to produce those advices. Also, the employer successfully resisted the appellant’s contention that the non-party employer’s costs of compliance with the Notice should be limited merely to copying or USB costs.
The judgment is published here.