The National Crime Agency v Perry and Others: QBD 12 Nov 2014

The agency had taken proceedings against the defendant to reciver what it said were theproceeds of crime. That claim was dicontinued. The defendant sought to recover his costs on an indemnity basis, and relying upon a witness statement from an Agency lawyer said that since she had referred to legal advice from Israel, that should now be disclosed.
Held: The statement went no further than to say that adice had been sought. That was not enough to justify the setting aside of legal privilege. There had been no waiver.

Wilkie J
[2014] EWHC 3759 (QB)
England and Wales
AppliedBrennan and others v Sunderland City Council Unison GMB EAT 16-Dec-2008
No Waiver for disclosure of Advice
EAT PRACTICE AND PROCEDURE: Admissibility of evidence
The claimant sought disclosure of certain legal advice on the basis that its effect, and a summary of its contents, had been put before the court and . .

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Litigation Practice

Updated: 12 January 2022; Ref: scu.538712