When considering the extent to which a court should order partial disclosure of legally privileged advice, the test is one of fairness in the conduct of the trial. It should be left to the trial judge to determine whether a party in the evidence which he deploys in court, is seeking to take an unfair advantage by his partial disclosure. Hobhouse J said: ‘if evidence is adduced then the extent of the waiver relates to the transaction to which the evidence goes . . It does not extend to all the matters relating to the subject matter of those conversations.’
Judges:
Hobhouse J
Citations:
[1984] 1 WLR 100, [1984] 1 All ER 35
Statutes:
Citing:
Appeal from – General Accident Fire and Life Assurance Corporation Limited v Tanta QBD 1984
Hobhouse J gave guidance on the extent of waiver given when a document was accidentally disclosed. . .
Cited by:
Followed – Balkanbank v Taher and Others 19-Feb-1994
Disclosure of legal advice. . .
Cited – Fulham Leisure Holdings Ltd v Nicholson Graham and Jones ChD 14-Feb-2006
The defendant solicitors were being sued for professional negligence. The claimants had taken legal advice after termination of the retainer which led to the present action, and sought to rely upon part of counsel’s opinion. The defendants sought . .
Cited – Seaton v Regina CACD 13-Aug-2010
The defendant had been accused of recent fabrication of evidence, having given evidence in court which varied from that given in interview on arrest. The crown had commented on his failure to call his solicitor to give evidence. The defendant said . .
Cited – Mireskandari v Associated Newspapers Ltd CA 23-Feb-2011
The claimant appealed against orders made in the course of his defamation claim. . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 01 May 2022; Ref: scu.240158