“…ocument would not be admissible in evidence, and so the existence of potentially inadmissible documents should still be disclosed. See eg O’Rourke v Derbyshire [1920] AC 581 at 624, 630-631 (relating to the pre-CPR position).”…”
“…ore than repetitions of the allegations of past fraud which gave rise to the original proceedings. As Viscount Findlay said in O’Rourke v Darbishire and Others [1920] AC 581 at 604, where one party was seeking to displace privilege on the basis of fraud: “it is not enough to allege fraud…there must be something to give colour to th…”
“…There was reference to cases such as Wynne v Humberston and Talbot v Marshfield in O’Rourke v Darbishire [1920] AC 581. In that case, the plaintiff sought production of documents on the basis that he was a beneficiary, but relief was refused on the ground that it had yet to be …”