Sentences with phrase «created by litigation privilege»

Not exact matches

Suncor can not, simply by having legal counsel declare that an investigation has commenced, throw a blanket over all materials «created and / or collected during the internal investigation» so as to clothe them with solicitor - client or litigation privilege.

One issue that may arise in practice is as to whether documents created pursuant to an internal investigation to determine whether an entity must self - report a breach of the law are protected by litigation privilege.

(2) BTA Bank v. Ablyazov [2014] EWHC 2788 Bank entitled to production of documents created by or produced for solicitors as Defendant not entitled to claim litigation privilege.

In Alberta v. Suncor Energy Inc, 2016 ABQB 264, certain documents and records created or collected during an accident investigation were protected by litigation and solicitor - client privilege where legal counsel made decisions with respect to the accident investigation within hours of the event.

Instead, to determine whether a document is covered by litigation privilege a Court must look at the purpose for which each document was created, not the purpose for which it may have been collected or put to use.

In rejecting ENRC's claim of privilege, the judge held that litigation was not in reasonable contemplation, although the documents were created in the context of an anticipated criminal investigation by the SFO.

The Court of Appeal made it clear that at the time of creating the statement in February 2011, no decision to prosecute had been taken by the Health and Safety Executive and matters were still at the investigatory stage and therefore that litigation privilege did not apply.

While positioning investigative capability within the legal function maximises claims to privilege and creates the opportunity for deploying the forensic expertise of litigation lawyers in investigative roles, it is by no means standard in the market, and many companies still engage compliance teams in investigative activity.