Sentences with phrase «dominant purpose of the interviews»

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

Not exact matches

But even if this aspect of the judgment is successfully appealed, the more intractable challenge facing companies will be to show that documents created during an internal investigation — such as interview records — were created for the «dominant purpose» of future 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.