International Construction Law Review
WALTER LILLY AND COMPANY LTD v. MACKAY AND DMW1—LEGAL PROFESSIONAL PRIVILEGE
MARK LLOYD-WILLIAMS AND MICHAEL MENDELBLAT
Herbert Smith LLP
*
This case was decided by Mr Justice Akenhead in the Technology and Construction Court on 15 March 2012. It concerned the applicability of legal professional privilege to communications between an employer under a building contract and his claims consultant, Knowles, the well-known subsidiary of Hill International. The claim was for extensions of time. The contractor applied for disclosure of all correspondence with or documents created by Knowles relevant to the issues in the proceedings relating to the extensions of time.
Knowles had been engaged on a retainer to provide “contractual and adjudication advice”. They quoted rates for, amongst others, “advocates” and “legally qualified persons”. They referred in their conditions of retainer to the possible need for solicitors to be appointed, for which Knowles would act as the client’s agent. The employer’s solicitors considered that much of the Knowles documentary material attracted privilege. Was this correct?
1 [2012] EWHC 649 (TCC).
* Mark Lloyd-Williams is a partner and Michael Mendelblat is a Professional Support Lawyer at Herbert Smith LLP.
The International Construction Law Review [2012
366