In Dadourian Group International and others v Simms and others – Butterworths Law Direct 7.2.08 the parties were involved in substantial litigation that had taken place over a number of years. Following a trial, the Claimant issued an application for summary judgment against certain defendants. During the Claimant’s application its then solicitor served a witness statement in July 2007 exhibiting a number of documents. The first Defendant’s company brought an action in the Queen's Bench Division and obtained an order for delivery up of those documents exhibited to the witness statement in the previous action. It was suggested that the use of the documents by the Claimant was a contempt of court, and that the documents were subject to legal professional privilege.

The issue arose as to whether or not the Claimant could use evidence given in cross examination by the first Defendant in December 2005, in support of its application for use of the documents. The Claimant disputed whether it needed permission to do so.

The Chancery court held that in all the circumstances, the Claimant would be able to admit the evidence. It would be relevant in determining whether the documents ought to be admitted.