Legal professional privilege when engaging claims consultants

The subject of legal professional privilege when using non-legal professionals cropped up in this case about the delays and additional costs on a domestic project in London.


The client for the project, and the defendants in this case, engaged a firm of claims consultants to assist with its project and that firm employs legally-qualified staff.  The defendants sought disclosure of documents created by the claims consultant as part of this case.  This case raised issues as to whether documents generated by or towards a claims consultant, even one which retains legally qualified personnel, attract legal professional privilege.

The Judge allowed the application for disclosure. But he differentiated between the disclosure claimed and not with litigation privilege.  He said that there remains an outstanding possible issue as to whether or not advice and other communications given by claims consultants in connection with adjudication proceedings are privileged. He warned that there is little authority on this latter issue and consideration might have to be given to issues of policy if and when this argument arises on another case.


Walter Lilly & Co Ltd v Mackay & ors [2012] EWHC 649 (TCC)