Lovells’ senior litigation partner Andrew Foyle has been ordered to give evidence over his client British American Tobacco’s (BAT’s) controversial document retention programme in a ruling that promises to further limit the scope of legal privilege.

In a Court of Appeal judgment this morning, Justices’ Brooke, Chadwick and Scott Baker granted the application by a US court that Foyle should give evidence in the US Government’s $260bn (£140bn) lawsuit against tobacco giants BAT and Philip Morris.