Sentences with phrase «establish claims of privilege»

It adds nuance to the steps necessary to establish claims of privilege if they are contested.

Not exact matches

A sufficient description of the document (s) must also be produced in order to establish the evidentiary basis for the privilege claimed (e.g. to establish that the document was created to prepare for reasonably apprehended litigation).

In the regulatory context, the question has arisen whether enforcement proceedings qualify as litigation for the purpose of establishing a claim to litigation privilege.

[74] In that case RBS claimed privilege over documents prepared by its solicitors for the RBS Executive Steering Group (ESG), which had been established by RBS to oversee its response to various regulatory and criminal investigations into manipulation of LIBOR and other rates in the United Kingdom, United States and elsewhere.

(iv) Where the court is not satisfied on the basis of the affidavit and the other evidence before it that the right to withhold inspection is established, it may: (a) conclude that the evidence does not establish a legal right to withhold inspection and order inspection; (b) order a further affidavit to deal with matters which the earlier affidavit does not cover or on which it is unsatisfactory; (c) inspect the documents (inspection should be a solution of last resort and should not be undertaken unless there is credible evidence that those claiming privilege have either misunderstood their duty, or are not to be trusted with the decision making, or there is no reasonably practical alternative); or (d) order crossexamination of a person who has sworn an affidavit (however, cross-examination may not be ordered in the case of an affidavit of documents.

Mamaca is a leading decision on the criteria for establishing litigation privilege in the context of insurance claims.

It filed a certificate under section 37 (1) of the Canada Evidence Act, which establishes a procedure for objecting to the disclosure of evidence based on a «specified public interest» and which starts with a «first stage» hearing to determine whether the privilege has been validly claimed.

2005), addresses privilege logs: «Some trial courts in Kentucky have begun to require production or exchange of privilege logs as a means to require parties to establish a basis for a claim of privilege and to narrow discovery disputes about potentially privileged documents.

Furthermore, where a party asserts litigation privilege over documents with dual or multiple purposes, they must take great care to establish that the litigation is the dominant purpose in any evidence they provide in support of their claims.

He noted that the burden of proof lies with the party seeking to establish the privilege and that, with respect to a supporting affidavit, the bare assertion of privilege and of the purpose of the communication over which the privilege is claimed may not be determinative.

The judge then set out the four options available to the court in circumstances where the affidavit falls short of establishing the claim to privilege:

In determining that Jones's affidavit fell short of establishing the claim to privilege, the judge noted that the affidavit did not make reference to any documents in support of its assertions as to dominant purpose.