SGS 5 Flashcards
Define legal advice privilege
confidential communication between a lawyer and a client prepared for the purpose of giving or receiving legal advice.
Which cases are relevant for legal advice privilege?
Parry v Newsgroup
Three Rivers District Council
Balabel v Air India
Bank v Nova Scotia
What are the ratios of:
Parry v Newsgroup
Three Rivers District Council
no confidentiality if note records matters at which both sides were present
client is narrowly defined (someone who has authority to deal with case and provide instruction)
Legal advice is broadly defined and include advice on presentation.
Ratio of
Balabel v Air India
Bank v Nova Scotia
wider communications ancillary to legal advice are privileged e.g. whole client file.
If client internally repeats advice, repetition has benefit of privilege. (if a company, can only repeat to other DIRECTORS)
Define litigation privilege.
Confidential communication between lawyer and client or one of them and a third party where dominant purpose in creating the document was to obtain legal advice, evidence or information for use in conduct of litigation which was reasonably in prospect at the time.
What cases are relevant to litigation privilege?
Waugh v BRB
Re Highgrade Traders
USA v Phillip Morris
Ratios of
Waugh v BRB
Re Highgrade Traders
USA v Phillip Morris ?
if a document has two purposes, both of which are equal, it will not be privileged.
Where D purpose may not be determined, it is commissioner’s other than author’s D purpose.
real likelihood rather than mere possibility of litigation.
What is without prejudice privilege?
Any document which is a general attempt to settle a dispute.
What will the court consider for without prejudice privilege?
Substance not form: Rush and Tompkins v Greater London Council.
What happens after the n265 has been signed?
CPR 35.15
Main rule on waiver?
Great Atlantic Insurance v Home Insurance: cannot waive privilege in part of a document (cannot cherry pick parts).
What is redaction?
Document that is NOT privileged but contains severable parts that are irrelevant or privileged. Parts can be blanked out.
What conduct parts of the CPR are relevant for the client?
31A PD 4.4
CPR 31.10(6)
31.23
What is useful in the context of 31.8?
If the solicitor (as the client’s agent) have physical possession, client has right to possession as they own their own client file.
What type of information may be redacted?
commercially sensitive information which is irrelevant to the dispute and therefore does not fall within the definition of CPR 31.6.
