Cases

Question 1

Parry v Newsgroup

Answer 1

Legal advice privilege

Open correspondence between parties is not privileged

Question 2

Three Rivers CoA

Answer 2

Legal advice privilege

Narrow definition of client

Question 3

Balabel v Air India

Answer 3

Legal advice privilege

Wider communications between solicitor and client falling in the continuum of communication are privileged

Question 4

Three Rivers HoL

Answer 4

Legal advice privilege

Legal advice privilege extends to presentational advice given through legal spectacles

Question 5

The Good Luck (Bank of Nova Scotia)

Answer 5

Legal Advice Privilege

Internally repeated legal advice within client company will retain privilege

Clients opinion will not be privileged

Question 6

Waugh v BRB

Answer 6

Litigation privilege

Where a document has two purposes, litigation has to be dominant purpose (not equal purpose)

Question 7

Re Highgrade Traders

Answer 7

Litigation Privilege

To establish dominant purpose ask commissioner (not author)

Question 8

USA v Philip Morris

Answer 8

Litigation must be a real likelihood, not a mere possibility

Question 9

Rush & Tompkins v GLC

Answer 9

Without prejudice privilege

The court will look at substance rather than form

Question 10

The Aegis Blaze

Answer 10

Once privileged, always privileged

Question 11

Great Atlantic Insurance v Home Insurance

Answer 11

Yeah can’t waive privilege over PART of a document

Question 12

Litigation Privilege Cases:
1.
2.
3.

Answer 12

1. Waugh v BRB
2. Re Highgrade Traders
3. USA v Philip Morris

Question 13

Legal Advice Privilege Cases:
1.
2.
3.
4.
5.

Answer 13

1. Parry v newsgroup
2. Three Rivers CoA
3. Balabel v Air India
4. Three Rivers HL
5. The Good Luck (bank of Nova Scotia)

Question 14

Without Prejudice:

1.

Answer 14

Rush & Tompkins v Greater London Council

Question 15

Waiver and redaction:

1.

Answer 15

Great Atlantic Insurance v Home Insurance