Sentences with phrase «dominant purpose of»

* Whether coercion was the sole or the dominant purpose of the Bankhead Act, or whether the act was designed also for revenue or other legitimate ends there is no occasion to consider now.

We now understand that confidential communications with third parties for the dominant purpose of litigation are generally protected by litigation privilege but not by solicitor - client privilege [ii].

(b) a service the sole or dominant purpose of which is to introduce individuals who wish to make or place bets to individuals who are willing to receive or accept those bets; or

litigation privilege, for communications between lawyers and their clients, or either of them and a third party, for the dominant purpose of seeking or obtaining legal advice, or preparing a party's case, in relation to contemplated litigation.

For a communication to be subject to litigation privilege, it must have been made for the dominant purpose of being used in aid of, or obtaining, legal advice from a lawyer about actual or anticipated litigation.

This privilege applies to all communications that are made in the course of or in contemplation of litigation where the dominant purpose of the communication is the pending litigation.

In order for communication to be protected by litigation privilege, there must be current litigation or a reasonable contemplation of litigation and the dominant purpose of the communication must be for use in the current or contemplated litigation.

The relevant communication or document is made or created with the sole or dominant purpose of conducting that litigation; and

The communications are made with the sole or dominant purpose of conducting that anticipated litigation

Litigation privilege protects confidential communications by clients or solicitors to a third party from the point that litigation is in contemplation, provided such communications are for the dominant purpose of the litigation.

Note, however, that in the ENRC decision, on the facts of that case it was determined that litigation privilege would not apply to material created for the dominant purpose of litigation where it was intended that the document would be shown to the other side.

[58] For litigation privilege to apply, however, the dominant purpose of the interviews must be in reasonable contemplation of litigation.

Vos LJ held that the documents sought by Bilta were created for the sole or dominant purpose of conducting litigation.

Second, even if a prosecution had been reasonably in contemplation, none of the documents had been created with the dominant purpose of being used in such litigation.

RBS argued that litigation privilege applied: the dominant purpose of the investigation and the documents was for RBS to defend itself against HMRC whose letter was effectively a pre-action letter before claim.

Litigation privilege will only apply if litigation is reasonably contemplated when the investigation begins, and any communication or document is created for the dominant purpose of that litigation.

Litigation privilege (which was expressly not considered in the Walter Lilly case) is slightly different in that it applies to communications both between a lawyer and client, and between either the lawyer, the client and a third party, made for the dominant purpose of litigation where litigation is pending, reasonably contemplated or existing.

That «challenging» question is whether Item 4.3 was generated for the dominant purpose of use in litigation.

The Plaintiff, in the context of the injury lawsuit, sought production of the surveillance and the investigator's report but ICBC refused to produce this arguing it was privileged being created for the dominant purpose of use in the (at the time contemplated) injury lawsuit.

Legal professional privilege may be claimed over any communication between a client and their lawyer seeking or giving legal advice and over communications between a lawyer and a third party if litigation was in contemplation and the document or communication was created for the dominant purpose of litigation.

The position in relation to interviews with third parties is less clear but an interview with a genuine third party is unlikely to attract legal advice privilege, whereas all interviews conducted for the dominant purpose of anticipated litigation ought to attract litigation privilege.

«Having considered the decisions, the writings and the various aspects of the public interest which claim attention, I have come to the conclusion that the court should state the relevant principle as follows: a document which was produced or brought into existence either with the dominant purpose of its author, or of the person or authority under whose direction, whether particular or general, it was produced or brought into existence, of using it or its contents in order to obtain legal advice or to conduct or aid in the conduct of litigation, at the time of its production in reasonable prospect, should be privileged and excluded from inspection.»

that come into existence for the dominant purpose of obtaining information or advice in connection with, or of conducting or aiding in the conduct of, such litigation.

It appears that this will turn on the specific nature of the investigation and whether it can properly be said that adversarial proceedings are in contemplation, and that the investigation is being conducted for the dominant purpose of those contemplated proceedings (see Section 31.4.3).

whether the internal investigation conducted in conjunction with counsel is in anticipation of proceedings and whether the dominant purpose of the investigation is to prepare for said proceedings (if this is indeed the case).

Similarly, a plain reading of Bill 132 suggests an organization's right to claim litigation privilege over documents created pursuant to the investigation will be diminished, because an investigation is arguably conducted for the dominant purpose of compliance with Bill 132 and an organization's internal policies, rather than for the dominant purpose of litigation.

The Royal Bank of Scotland, [59] the High Court confirmed that the test remained an objective assessment of the dominant purpose of collecting the information.

The Judge ruled that litigation privilege can only protect documents which are prepared with the sole or dominant purpose of conducting litigation, and that it can not protect documents produced with the purpose of enabling advice to be taken in connection with anticipated litigation.

In light of the Court of Appeal decision, additional steps could involve more specifically identifying documents and information over which privilege could reasonably be asserted and materials that are unlikely to be considered privileged (because they were not created or prepared for the dominant purpose of preparing for litigation or receiving legal advice).

Litigation privilege is a form of legal privilege that can be claimed over documents and information created for the dominant purpose of preparing for reasonably anticipated litigation — such as a prosecution under health and safety legislation.

Lawyers should be careful not to extend blanket «litigation privilege» over documents; serious consideration should be given to whether the documentation was created with the dominant purpose of actual or reasonably anticipated litigation, just as it is with documentary discovery under the Rules of Civil Procedure.

Legal advice privilege arises over confidential communications between lawyer and client that are created for the sole or dominant purpose of giving or seeking legal advice, even if there is no actual or potential litigation.

This was because the dominant purpose of the Proceeds of Crime Act 2002 was to make confiscation the duty of the court and it would defeat the purpose of the confiscation legislation if orders were treated as bad simply because there had been a failure to comply with procedural provisions laid down for postponement.

[53] The chambers judge erred in finding that the dominant purpose of the internal investigation was in contemplation of litigation and therefore every document «created and / or collected» during the investigation is clothed with legal privilege.

Not exact matches

Our authentic purpose, the fuel for our fire, exists deep inside of us, whether it's dormant or dominant.

On the other hand, incarnation involves a complete fusion of the «contraries»; like avatara the sense of purpose is dominant in the mission and work, but the «enfleshment» affected is irreversible; the underlying purpose of incarnation is to save the sinners, the lost, the oppressed and the poor.

In a simple, unstructured environment oblique occasions will offer no significant alternatives to the aim presented by the dominant past entity and concrescence will be essentially reiteration of prior forms of definiteness experience will be at the level of what Whitehead calls, technically, physical purposes.

All of this in an historical succession in which the past of the tradition still lives in the present of contemporary human existence, with an aim toward fulfillment of the dominant and dominating purpose which in the earliest witness was declared as having been enacted in the originating event of Jesus Christ himself.

As used herein, the term «growth group» is any group, whatever its name, with three characteristics: (1) A dominant (though not exclusive) purpose is the personal growth of participants — emotionally, interpersonally, intellectually, spiritually.

The democratic societies have no one supreme or dominant member, with examples being such things possibly as stones and probably as some cell - colonies and even special forms of many - celled plants and animals.42 Monarchic societies, on the other hand, do have a supreme or dominant member which radically subordinates the parts to its ruling purpose but which can never completely rob the parts of all measure of control over themselves.

Since liberalism is dominant in the Constitution, where did the nation get its sense of value and purpose?

In the context of this book it is a change from the dominant modern worldview to a postmodern worldview to use the terminology of my earlier book, On Purpose (Birch 1990).

But the dominant theme is Yahweh's compassion for Israel and Yahweh's unimpedable purpose to produce out of Israel his own people in a fulfilled covenant relationship.

Through the bodily action precipitated by the purposes of the momentary dominant occasions within the organism, the actual situation is changed as well as the perceived situation for subsequent dominant occasions.

Looking primarily to models based on quantitative research methodologies to provide a clear direction for policy in regulating media and violence can also distract policy makers from coming to grips with other difficult but more important value questions that impinge on the issue of media and violence, such as the purpose of broadcasting, issues of ownership and control of media, the international context of Australian media, the dominant economic nature of most of Australia's social communications, the distinctive ways in which the media reproduce and reconstruct myths and symbols of violence from within the culture, and how audiences use and respond to media myths and symbols.

Adding the espresso defeated the purpose of using a really good milk chocolate, which I wanted as the dominant taste.

That in itself raises fundamental biological questions: If asexual females grow faster and bear children much more quickly than sexual females, what's the purpose of sex, and why is it the dominant method of reproduction in the animal world?

The quality of work and its personalisation by the student become dominant but not exclusive benefits, not only for the purposes of assessment by the teacher, but the life - long learning journey our students will embark on.

Code § 4.26, declares that Pennsylvania's local education agencies (LEA) must provide a program for each student whose dominant language is not English for the purpose of facilitating the student's achievement of English proficiency and the academic standards.

The Defendants» purpose in adopting the agency model was to end competitive pricing for ebooks, and to slow the growth of ebooks in general, and the growth of Amazon's dominant market share in particular.