15.05.2009Barr and others v Biffa Waste Services Ltd.  EWHC 1033 (TCC)
Key issues: ATE, disclosure, Group Litigation Orders, High Court
In this case, the Claimants obtained a Group Litigation Order and had disclosed that they were covered by ATE insurance.
The Defendants issued an Application for sight of the policy on the grounds that it was covered by disclosure (CPR 31.14) or was covered by the Court’s power in relation to GLOs (CPR 18 and CPR 3). It was resisted on the grounds that it was covered by privilege.
It was held that – in this situation – the policy was not a privileged document and the Defendant should be able to know if the Claimants would be able to satisfy a costs order against them.
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