Ruling of the Tribunal on an application by Rightmove for disclosure of communications between the Proposed Class Representative and proposed class members relating to concerns about possible retaliation by Rightmove. The Tribunal held that, by relying on those communications in support of the case for certification on an opt-out basis, the Proposed Class Representative had waived privilege over the underlying communications. The Tribunal ordered disclosure of documents recording such communications, subject to a lawyers-only confidentiality ring. The Tribunal did not make an order at this stage in relation to Rightmove’s broader request concerning the prevalence of such concerns, noting that the Proposed Class Representative was willing to provide information about the overall number of proposed class members contacted, which together with the ordered disclosure would allow Rightmove to understand the size of the relevant sample, while preserving Rightmove’s liberty to renew that aspect of the application if necessary. The Tribunal further held that the disclosure order need not be complied with if the Proposed Class Representative removes from the relevant witness statements the references to the communications that gave rise to the waiver of privilege.
