Sentences with phrase «dominant purpose of the investigation»

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).

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.

Not exact matches

Where a workplace accident has occurred, and the employer has statutory duties under sections 18 and 19 of the OHSA and simultaneously undertakes an internal investigation, claiming legal privilege over all materials derived as part of that investigation, an inquiry is properly directed to a referee under Rule 6.45 to determine the dominant purpose for the creation of each document or bundle of like documents in order to assess the claims of legal privilege.

[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.

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.

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 Court of Appeal has considered more recently the ambit of litigation privilege in one of the many cases relating to the SFO's investigation into the Tchenguiz brothers, stressing the importance of the «dominant purpose» test.58 (See also Chapter 31 on privilege.)

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).

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.