References: Unreported, 16 May 1997
Legal professional privilege might be taken to be waived if it would be unfair to allow a client to maintain it.
This case is cited by:
- Cited – Farm Assist Ltd -v- Secretary of State for Environment Food & Rural Affairs TCC (Bailii, [2008] EWHC 3079 (TCC), [2009] PNLR 16, [2009] PNLR 16, 25 Const LJ 308, [2009] BLR 80)
The claimant, now in liquidation, sought to have set aside for economic duress the mediated settlement of its dispute with the defendant. The defendant sought disclosure of legal and similar advice given to the claimant.
Held: Paragon Finance . . - Cited – Paragon Finance Plc (Formerly Known As National Home Loans Corporation Plc); etc -v- Freshfields (a Firm) CA (Times 22-Mar-99, Gazette 19-May-99, Bailii, [1999] EWCA Civ 955, [1999] 1 WLR 1183)
A client who sues his former solicitor, waives his legal privilege protection, as regards that legal relationship, but that does not require a waiver also, of other privilege with later solicitors instructed in related matters. Lord Bingham LCJ . .
