Two parties were engaged in a joint venture. The first invited the second to consult his solicitor but, in proceedings against both parties, waived any privilege in respect of what took place.
Held: The second party remained entitled to insist upon the maintenance of the privilege. Under Common law, if there is a joint retainer of a solicitor, all of those who are entitled to that privilege must join in any waiver of it.
(1896) 65 LJ Ch 794
Cited by:
See Also – Rochefoucald v Boustead CA 12-Dec-1896
A property was purchased by the defendant which the court found to have been on the basis as trustee for the plaintiff. The defendant resisted the plaintiff’s claim on the ground of, inter alia, absence of writing.
Held: This defence was . .
Cited – Ford, Regina (on The Application of) v The Financial Services Authority Admn 11-Oct-2011
The claimant sought, through judicial review, control over 8 emails sent by them to their lawyers. They claimed legal advice privilege, but the emails contained advice sent by their chartered accountants. The defendant had sought to use them in the . .
Lists of cited by and citing cases may be incomplete.
Legal Professions
Updated: 18 December 2021; Ref: scu.460496
