The extent to which a statement of case or witness statement makes reference to documents, thereby giving rise to a right to inspection by the opponent, is one that often arises in practice. The issue is particularly acute when the document in question is protected by legal professional privilege and the party would otherwise be entitled to withhold it from production. The recent decision of the High Court in Scipharm Sarl v Moorfields Eye Hospital NHS Foundation Trust adds to the jurisprudence in this area, providing guidance on what constitutes sufficient reference to a document to trigger the right to inspection and how the court may exercise its discretion to order disclosure of privileged material.
