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
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 Walker Morris
News from The Lawyer
Briefings from Walker Morris
Jackson, Denton, Mitchell… anyone involved with civil litigation over the last two years will have heard these names repeatedly and will be aware of their importance to compliance with the new rules.
While a headline glance at the Supreme Court’s judgment in this long-running case might give developers some encouragement a closer look reveals that the issues in play are not quite so straightforward.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.