Dominant purpose test proves difficult to pass
By Sarah Andrews
Here we consider litigation privilege and the dominant purpose test. Litigation privilege stems from a principle that those engaged in or contemplating litigation should be free to gather evidence without a requirement to disclose that evidence to opponents.
For litigation privilege to apply, material must satisfy the four following criteria: it must be confidential; it must be a communication between a lawyer (acting in a professional capacity) and his client or between the lawyer (acting in a professional capacity) or his client and a third party or be material created by or on behalf of the client or his lawyer; it must be made for the dominant purpose of litigation; and litigation must be pending, reasonably contemplated or existing.
The ‘dominant purpose’ test is one of dominance rather than exclusivity. To establish dominance, it is necessary to determine whether the dominant purpose is litigation…
If you are registered and logged in to the site, click on the link below to read the rest of the Shoosmiths briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
Once accepted onto the Registered Traveller scheme they will enjoy relaxed entry requirements such as using ePassports.
To clarify the key employment policies of each political party, Shoosmiths has summarised each of the parties’ positions below.
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…