Litigation privilege hammered? Key points for sports organisations on the scope of litigation privilege from the West Ham Stadium case

The recent decision of the Court of Appeal in WH Holding & West Ham United Football Club Limited v E20 Stadium LLP1 has occupied significant column space on the websites of solicitors' firms and barristers' chambers. This is for good reason, as the decision has a significant restrictive impact on the scope of litigation privilege. Notwithstanding the case's far-reaching significance, it is particularly important for sports organisations to be aware of given the variety of legal proceedings in which they are involved and in relation to which they may seek to withhold documents on the grounds of litigation privilege. This article reviews the case and identifies the key lessons for sports organisations when considering litigation privilege.