Miss C Dennis v The Commissioners for HMRC: 1802495/2018
JUDGMENT
[1]The document placed at the end of the joint bundle of documents (bearing internal numbers 56 to 61) constitutes communication between the respondent and its legal advisors for the purposes of these proceedings and thus it is protected by litigation privilege. It was disclosed in error to the claimant in circumstances in which it was not obvious to the claimant that it had been disclosed by mistake. In the circumstances, the claimant is not restrained from making use of that document for the purposes of these proceedings.[2]The claimant’s application to amend her complaint to include that set out in the schedule below is granted. THE SCHEDULE The first of the series of acts which the claimant contends (individually or cumulatively) to be conduct upon the part of the respondent in breach of the implied term of trust and confidence (and thus said to be a repudiatory breach of contract on the part of the respondent) is: (specifically by reference to the 2015/2016 performance review) not conducting the review face-to-face pursuant to the Case No: 1802495/2018 respondent’s procedures and the reviewer giving the claimant an incorrect or unjust mark which was subsequently overturned upon appeal.