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.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
A purchaser who obtains part of a propertyt hat has the benefit of a right of way must assume the burden of contribution to that right of way.
Further changes made to the Community Infrastructure Levy Regulations 2010 present opportunities for developers, but also add new complexities.
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…