Summary

There are instances where clients inadvertently send documents that contain privileged / confidential information and should not have been uploaded to the shared bundle(s). In such cases, they may not want to immediately bring these documents to the attention of the other parties and will therefore want to remove them as soon as possible without a joint instruction.

This can be accommodated however, the onus is on the instructing party to notify the remaining parties on the matter.

Process

If we receive an email requesting for a document to be removed from a shared bundle without a joint instruction, you will need to:

  1. Replace the document with the placeholder below. 
  2. Send the instructing client the email below with:
    1. Arbitration, Litigation, MENA or the SG Team in copy,
    2. The subject line 'CASE CODE - DDMMYYYY - Privileged Document'
    3. The placeholder attached,
    4. The information in red updated. The email wording will also need to be updated if you are replacing multiple documents.
  3. Bill the replacement to the instructing party only with out-of-office applied if needed. The placeholder does not need to be billed, only the replacement. 
Select the Document icon to download the placeholder template.

If you receive the request over the phone, the client will need to email the team for us to make the relevant changes. 

Email Template

We have replaced the document at Bundle/Tab with a placeholder (attached) stating the document has been removed as it contained privileged information. This has been done on a unilateral instruction as sending the request as a joint instruction could potentially be contentious but we would now ask that you make the other party/parties aware of the situation. 

Once you have had a chance to assess the situation further, you can reinstate the document, replace it with a redacted version or ask us to delete the document entirely but this would need to be done by way of a joint instruction in line with the usual protocol.

Copy
If the client would like a report of who has viewed the privileged document, a SOL/SOM will need to follow the guidance here.