The Court held that where a witness gives affidavit evidence of their subjective understanding on issues in dispute, privilege over documents recording that witness's views on those topics at the relevant times will likely be waived. However, formulaic denials of allegations (e.g. 'I acted in good faith based on information available') will not necessarily lay open for scrutiny all information available to the deponent. Privilege logs with bare conclusory assertions remain insufficient but courts may refer disputed claims to an independent barrister rather than ordering immediate production where procedural history explains the deficiency.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.