The plaintiff’s team in the British American Tobacco (BAT) document shredding trial suggested BAT’s UK adviser, Lovells, could be holding a potentially crucial document relating to their case.

Legal Week has learned that counsel for Rolah McCabe, who won a landmark victory against BAT after the judge ruled it had shredded thousands of documents, told the trial judge that Lovells “arguably” held a document that BAT had not produced and which outlined how it implemented its document destruction programme in Australia. Counsel added that BAT seemed to have made no effort to produce the document or explain its absence.