Zusammenfassung der Ressource
Disclosure
- Is it a document?
- Is it within the clients control?
- Is it within the standard test for disclosure?
- Can it be withheld from inspection?
- Which heading of privilege is it under?
- Legal Advice Privilege
- Balabel v Air India
- Three Rivers
- Parry v Newsgroup
- Bank of Nova Scotia
- Litigation Privilege
- Re Highgrade Traders
- Waugh v BRB
- USA V Phillip Morris
- Litigation must be reasonable prospect and good chance of likelihood
- dominant purpose must be litigation
- w/o privilege communications
- Rush v Tompkins
- Look at the substance not the form
- Common interest Privilege
- Aegis Blaze
- Once privileged, always privileged
- Waiver & Redaction
- Great Atlantic Insurance
- Once part of the document has been waived, generally the whole document will be waived
- What part of the list of documents should the document be placed in?
- CPR 31.8
- CPR 31.6
- CPR 31.4
- CPR 31.2