WESTMINSTER AIRWAYS, LTD. v. KUWAIT OIL COMPANY, LTD.
(1950) 84 Ll.L.Rep. 297
COURT OF APPEAL.
Before Lord Justice Singleton and Lord Justice Jenkins.
Practice-Discovery of documents- Privilege-Communications between defendants and their insurers-Damage to plaintiffs' aircraft which, while stationary on a road in Iraq after making forced landing, was run into by defendants' motor truck alleged to have been driven by their servant or agent-Action brought by plaintiffs for damages for negligence-Defendants' denial that driver was negligent or that he was their servant or agent-Production of documents by defendants-Correspondence passing between defendants and their insurance brokers and insurers before claim made-Plea of privilege raised by defendants on ground that such further documents
came into existence and were made after litigation was in contemplation and in view of such litigation for the purpose of obtaining and furnishing to the solicitors of the defendant company evidence and information as to the evidence which could be obtained and otherwise for the use of the said solicitors to enable them to conduct the defence in this action and to advise the defendants.
Privilege contested by plaintiffs-Right of Court to inspect documents-Order of Parker, J., reversing order of Master, that such documents were privileged-Appeal by plaintiffs-Discretion
of learned Judge-R.S.C., Order 31, r. 19
A (2).