EAT PRACTICE AND PROCEDURE: Admissibility of evidence
The claimant sought disclosure of advice given by a qualified solicitor. The employment judge rejected the claim on the grounds that the advice was protected by both legal advice and litigation privilege. The claimant appealed arguing that the advice had not been given by the solicitor acting as solicitor, and that as regards litigation privilege, the dominant purpose in obtaining the advice was not any contemplated legal proceedings.
The EAT held that quite independently of privilege, the advice should not be disclosed because it was not relevant. In any event the judge had been entitled to find that even if relevant it was protected by legal advice privilege, although on the facts litigation privilege could not be made out.
Citations:
[2008] UKEAT 0213 – 08 – 0407
Links:
Employment
Updated: 17 July 2022; Ref: scu.270729