Spark v IAMA Ltd

Spark brought a claim against IAMA Ltd, seeking to inspect reports prepared by an assessor. The dispute centred on the question of whether these reports were privileged and thus protected from disclosure. The court had to determine if the dominant purpose of the reports was for litigation. The issue required careful analysis of the nature and purpose of the reports in question, considering whether their creation was predominantly driven by the need to prepare for legal proceedings or for some other purpose.

The court examined the purpose behind the creation of the assessor's reports. It considered the context in which the reports were prepared and the role of the assessor within the legal proceedings. The court noted that if the dominant purpose of the reports was indeed to facilitate litigation, then they would be protected under the principle of legal professional privilege. However, if the reports had another primary purpose, such as the provision of expert advice unrelated to litigation, they would not be privileged. The court held that the reports were prepared for the dominant purpose of litigation, thus they were privileged and protected from disclosure.

In reaching its decision, the court emphasised the importance of the "dominant purpose" test in determining the privilege of documents. It found that the context and circumstances surrounding the creation of the reports indicated a strong connection to the litigation process. The court concluded that the privilege applied, and the reports could not be inspected by the opposing party. Consequently, the application for inspection was refused.