Judgment on an application by the OFT for disclosure of documents and information relating to Tesco’s contacts with potential witnesses during the administrative procedure. The documents sought included all records and/or notes of and in relation to all contacts between Tesco and certain employees of the dairy processors, Dairy Crest and Lactalis McLelland.
The Tribunal held that disclosure should not be ordered since the documents sought were neither necessary nor proportionate to the issues before the Tribunal in this appeal. The Tribunal further held that the documents in question were subject to litigation privilege and privilege had not been waived.
