JPS must disclose fire investigation after privilege claim failed

Jamaica Public Service Company lost its appeal against disclosure of investigative material concerning a fire at a coffee estate. On 8 May, the Court of Appeal upheld the disclosure order and lifted the stay that had delayed compliance.

Greenwich Coffee Company alleged that JPS’s lines caused the fire; JPS denied liability and referred to its investigation in its defence. The dispute before the appeal court concerned access to the investigation, not responsibility for the damage.

The court accepted that litigation was reasonably contemplated. But JPS still had to prove that litigation was the dominant purpose for creating the report. Its evidence did not establish that, particularly given its independent regulatory obligation to investigate the customer’s complaint. A statement that material was privileged did not settle the question.

The court affirmed disclosure of the report and related investigative material under the master’s order, directing compliance within 14 days of judgment and awarding appeal costs to Greenwich. The decision leaves the underlying negligence claim to be determined on its merits.

Procedural disclosure appeal only. The court did not decide whether JPS caused the fire or owed damages. The privilege finding concerns the evidence and purposes of this investigation, not every investigation by a regulated business. Later treatment not checked.