Cases Flashcards
(15 cards)
Parry v Newsgroup
Legal advice privilege
Open correspondence between parties is not privileged
Three Rivers CoA
Legal advice privilege
Narrow definition of client
Balabel v Air India
Legal advice privilege
Wider communications between solicitor and client falling in the continuum of communication are privileged
Three Rivers HoL
Legal advice privilege
Legal advice privilege extends to presentational advice given through legal spectacles
The Good Luck (Bank of Nova Scotia)
Legal Advice Privilege
Internally repeated legal advice within client company will retain privilege
Clients opinion will not be privileged
Waugh v BRB
Litigation privilege
Where a document has two purposes, litigation has to be dominant purpose (not equal purpose)
Re Highgrade Traders
Litigation Privilege
To establish dominant purpose ask commissioner (not author)
USA v Philip Morris
Litigation must be a real likelihood, not a mere possibility
Rush & Tompkins v GLC
Without prejudice privilege
The court will look at substance rather than form
The Aegis Blaze
Once privileged, always privileged
Great Atlantic Insurance v Home Insurance
Yeah can’t waive privilege over PART of a document
Litigation Privilege Cases:
1.
2.
3.
- Waugh v BRB
- Re Highgrade Traders
- USA v Philip Morris
Legal Advice Privilege Cases: 1. 2. 3. 4. 5.
- Parry v newsgroup
- Three Rivers CoA
- Balabel v Air India
- Three Rivers HL
- The Good Luck (bank of Nova Scotia)
Without Prejudice:
1.
Rush & Tompkins v Greater London Council
Waiver and redaction:
1.
Great Atlantic Insurance v Home Insurance
