A waiver of privilege carries with it an obligation to disclose associated documents in relation to the same issue or transaction. In other words, once a party has taken a voluntary decision to rely in court on privileged material, it is obliged to make available to the other parties the other privileged material on the same issue.
Citations:
[1981] Com LR 138
Jurisdiction:
England and Wales
Cited by:
Cited – Kyla Shipping Co Ltd and Another v Freight Trading Ltd and Others ComC 22-Feb-2022
Litigation Privilege
Defendants challenged the claimants assertion of litigation privilege and contended for a waiver of any privilege which entitles them to disclosure of additional materials referred to in a witness statement.
Held: ‘I dismiss the waiver of . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 07 April 2022; Ref: scu.672124