A party cannot protect himself from producing a document on the ground that its production would tend to criminate him unless he pledges his oath that, to the best of his belief, its production would tend to criminate him.
Whether a party can*protect himself from producing a document on the ground that its production would tend to criminate him, quaere.
A letter written in answer to inquiries about the character of a servant is privileged in this sense only, that although it contains defamatory statements it will not support an action for libel unless malice is shewn; hut it is not privileged in the sense of being privileged from production, such privilege being confined to communications with the legal advisers of the party.
(1879-1880) 5 ExD 108, [1880] UKLawRpExch 1
Commonlii
England and Wales
Litigation Practice
Updated: 29 November 2021; Ref: scu.670117
