Solicitor’s notes not privileged

Comfort v Department for Constitutional Affairs EAT LSG 15 September

The employee was unsuccessful before the employment tribunal and the EAT, but upon appeal to the Court of Appeal, she had her case remitted to the employment tribunal. In the absence of detailed chairman’s notes from the previous proceedings, the DCA’s solicitor volunteered to disclose a limited number of notes made in relation to the evidence given by two witnesses before the tribunal. The employee sought disclosure of the balance of the DCA’s solicitor’s notes relating to the evidence taken from other witnesses at the tribunal hearing.