Allegations that Baron Hans Heinrich Thyssen-Bornemisza's lawyers misled the Bermuda Supreme Court were made before Court of Appeal judges on Friday.

Alan Boyle, the attorney representing the baron's son, complained the lawyers' behaviour amounted "to an abuse of the process of the court''.

Mr. Boyle stated that in May 1998 the plaintiffs -- the baron -- did not say documents relating to communications between the baroness and the baron's lawyer were "privileged communications''.

He said the plaintiffs ignored a court order to disclose documents which are to form part of an upcoming civil trial. Instead of obeying the order the lawyers produced a list of documents and claimed in a covert way the communications were privileged, Mr. Boyle argued.

He added the baron's lawyers knew if they failed in their appeal the disputed documents could be kept without telling the court, or the defence lawyers.

The disputed documents are part of the legal advice given to the baron and baroness between 1990 and 1993, when the baron sold half of his art collection, one of the world's largest then in private hands, to the Spanish government for $350 million.

The way the plaintiffs conducted their case put them in an advantageous position, claimed Mr. Boyle.

Lawyers accused of misleading court He said the list of documents produced by the baron's lawyers after the court order acted as an "insurance policy'' to enable the baron and his wife to claim privilege between them now.

Mr. Boyle alleged the baron and his lawyers knew these communications were privileged but never raised the matter before the court.

He claimed the previous appeal was conducted on a false basis. Mr Boyle said the plaintiffs knew from May 1998 that if they were unsuccessful in their appeal, documents relating to communication between the couple would become evidence in an upcoming trial.

Such conduct, said Mr. Boyle, was an abuse of the process of the court. He said that the baron's lawyers failed to bring their whole case to court and now wanted to claim privilege.

Mr Boyle claimed that only last week he discovered that some documents were held back on the grounds of privileged communications.

The preliminary hearing over the disputed documents continues in the Court of Appeal on Monday.

BUSINESS BUC