Term
| What are the types of privilege |
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Definition
1. Legal advice
2. Litigation
3. Without prejudice
4. Common Interest |
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Term
| What is Common Interest Privilege |
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Definition
Usually communications between:
- co-claimants/co-defendants communicating with each other in regards to litigation (i.e. they may have instructed the same solicitor)
- agent and principal
- company communicating with its holding company
- company communicating with its insurers |
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Term
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Definition
1) The communication was made after litigation was commenced/contemplated,
2) Both parties to the communication have common interest
3) The sole or dominant purpose of the communication is:
- to inform each other of the facts/issues of litigation or
- to inform each other of advice received in relation to such litigation or
- to obtain advice in relation to the litigation
- to obtain evidence to be used in litigation
4) The communication was confidential |
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Term
| Without Prejudice Privilege |
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Definition
Documents that contain communications relating to settling the dispute will attract WPP. Document does not need to be marked in order to attract privilege.
If however a document is marked WPP, it will be open to inspection
Rush & Tompkins - Look at substance and not form |
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Definition
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Term
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Definition
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Term
| What are the rules governing copies and translation of documents |
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Definition
Translation - if lawyer orders for translation of unprivileged original documents, they will not be privileged
Copies:
1. if lawyer makes copies of clients unprivileged files - documents will not be privileged if the original documents go missing
2. if lawyer makes a selection of copies of client's unprivileged files - documents will not be privileged if the original goes missing
3. if lawyer makes a selection of copies of third party unprivileged files - document will be privileged |
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