Posted By Bob Youel I have come accross some cases recently where claimants / their agents are using both the FoIA as well as the usual lines of enquiry to obtain information Additionally I have a feeling that interested paries are prospecting Anybody else had experience re this area?

Posted By Maggie Atterbury It doesn't matter if requests are made under the FoIA or not, ALL written information relating to an accident is disclosable, except private correspondance with your solicitor. One suggestion is that if a serious accident occurs, you imediately ask your corporate solicitor to ask you to investigate it on their behalf (in writing)so your report is not then disclosable.

Posted By John Murgatroyd "However, uncertainty remains in respect of the identity of the client. In the previous Court of Appeal case Three Rivers (No.5) it was held that legal advice privilege only protected communications between the legal advisors and the Bank's Bingham Inquiry Unit. The Inquiry Unit in the Courts view was the client. Communications between other employees of the Bank and the Banks lawyers were not privileged. The House of Lords did not overturn the Court of Appeal's decision in relation to this issue. This now a cause of concern for companies as to how they are able to communicate with their lawyers through their employees. When seeking legal advice for the purposes of litigation companies should consider whether the employee who communicates with legal advisors has the authority to seek advice directly with the legal advisors or to give instructions directly to the legal advisors. As a cautionary measure companies should identify a group of employees as the client who have authority to instruct legal advisors. However, a court may still consider whether or not such authority is legitimate"