Thursday 3rd October 2019
This hearing commenced on the 2nd October where an anonymity order was lifted. Because of this, only the second day is being live streamed
This is an appeal by Shell against a decision made on 9 August 2018 by the Employment Appeals Tribunal, holding that an email sent by a lawyer to Shell that contained legal advice on the dismissal of Mr Curless (a lawyer employee) was not legally privileged.
Slade J held that the email advised Shell Limited how to discriminate against Mr Curless and “surmounted the high bar of iniquity”.
Y Limited submits that Slade J employed the wrong test for iniquity and misinterpreted the email.
Read the Lower court Judgment.