Sentences with phrase «dominant purpose of the communications»

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.

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.

Not exact matches

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.

It covers confidential communications between a lawyer and his or her client, or a lawyer or client and a third party (such as a witness of fact, an expert witness or a consultant) where the dominant purpose is advising on, or obtaining evidence in relation to, actual or contemplated litigation.

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.

The dominant purpose for the communication or the production of the relevant document must have been either to obtain information or advice in connection with the litigation or to conduct or assist in the conduct of it.

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.

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.

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.

Documents created for the purposes of preparing for, or conducting, adversarial proceedings are privileged if this was their dominant purpose and the document is a confidential communication between the lawyer and client, or either and a third party such as a compliance consultant, provided that adversarial proceedings were in reasonable contemplation of the party.

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.

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

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

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.

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.

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].