Bruce Lincoln and Eloise Layzell (both pictured below) of Mourant Ozannes use a recent Jersey insurance case as a cautionary tale for lawyers about the importance of careful attention to detail when preparing discovery
The scenario: The parties to a dispute, X and Y, have just gone through the laborious process of discovery. X, on examining the documents disclosed by his opponent, comes across a document which is very helpful to him. He refers Y to it in subsequent discussions between their lawyers. At this juncture, Y asserts privilege over the document and demands its return.
