Why are you creating that pre-action document? More on litigation privilege (especially if you are a liquidator)

Since the Starbev decision, the Court of Appeal has had the opportunity to review litigation privilege again in the appeal of the decision in Tchenguiz v Director of the Serious Fraud Office (SFO). In dismissing the appeal, and finding that no litigation privilege attached to the five reports in question, the court emphasised that documents must meet the dominant purpose test if they are to be covered by litigation privilege.

What is litigation privilege? Just to recap, a document that has the benefit of litigation privilege is protected from an opponent’s inspection. To gain that benefit, a document must be a confidential communication between a lawyer and a third party or a client and a third party, created when litigation was reasonably contemplated or under way and made for the dominant purpose of obtaining advice or information about that litigation.

The facts behind the Tchenguiz litigation are quite complex. Suffice to say that two brothers (the Tchenguiz) required inspection of five reports held by third parties (the liquidators) to assist their claim against the SFO for damages…

Click on the link below to read the rest of the Walker Morris briefing.

Sign in or Register to continue reading this article

Sign in

Register

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

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

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.

Briefings from Walker Morris

View more briefings from Walker Morris

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

Kings Court
12 King Street
Leeds
LS1 2HL
UK
http://www.walkermorris.co.uk

Turnover (£m): 42.50
No. of lawyers: 188