This appeal raises important issues concerning Legal Advice Privilege, notably:
i) whether, for a communication to fall within the scope of that privilege, it must have had the dominant purpose of seeking or giving legal advice; and
ii) in the light of the answer to (i), the proper approach to determining the privileged status of email communications between multiple parties where one of the senders or recipients is a lawyer.
It also potentially raises issues concerning the proper approach to the collateral waiver of privilege in respect of documents otherwise non-disclosable, as the result of the voluntary disclosure of other privileged documents.
Judges:
Lord Justice Hickinbottom
Citations:
[2020] EWCA Civ 35
Links:
Jurisdiction:
England and Wales
Legal Professions, Litigation Practice
Updated: 12 October 2022; Ref: scu.646342