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Webinar Privilege: Five Tricky Aspects From Recent Case Law - On-Demand Webinar


Legal professional privilege is the qualified lawyer’s unique selling point and an important protection for his/her clients. The concepts behind legal privilege may be easy to state, but they can cause real problems in practice as the dividing lines are difficult to draw. Each year several cases pass through the courts, enhancing practitioners’ understanding of how privilege may have an impact on them.

This webinar will cover five tricky aspects of privilege in practice, all relating to recent cases.

  • Advice privilege: what is the protection available for lawyers’ ancillary documents as opposed to those by which legal advice is directly provided?
  • Establishing protection for a document created for the purposes of litigation requires satisfying the ‘dominant purpose’ test. What if a document has mixed uses, only one of which relates to the litigation - does that affect the protection?
  • A double bill of waiver: privilege may be waived either expressly or impliedly. Where are the boundaries of these related concepts located?
  • Finally, without prejudice protection forms an important tool for dispute lawyers to use in seeking to resolve disputes. Suh v Mace UK Limited, a recent Court of Appeal case, suggests the rules are being relaxed. Is this correct?
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