Arguments not raised at first instance, particularly where evidence was admitted by consent, will generally not be permitted on appeal, and there is no established duty on a judge to independently investigate privilege claims or go beyond the issues identified by the parties.
The full text is available to signed-in members, including the 21 later cases that cite this judgment.
3 of the 21 citing cases carry a classified treatment. How each court treated it is available to signed-in members.