Sentences with phrase «proceedings in contemplation»

Internal reports are not generally privileged if they do not contain legal advice and are simply the result of a fact finding exercise with no adversarial proceedings in contemplation.

Not exact matches

Chris Pamplin looks at the issues that can arise when a report written in contemplation of civil proceedings gets drawn into criminal proceedings

As noted in the Court of Appeal Case in Solomon v Cromwell Group PLC Oliver v Doughty (2011): «The effect of accepting a Part 36 Offer made before a claim is issued, is that the Claimant is entitled to recover costs incurred in contemplation of proceedings ``

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).

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.

The judge found that for the purpose of a claim to litigation privilege where criminal proceedings are said to have been contemplated, the party claiming privilege must have uncovered evidence of wrongdoing (so as to reasonably contemplate prosecution, rather than an investigation) before proceedings could be said to be in reasonable contemplation.

At present the general view of the law is that litigation privilege applies to communications in the course of, or in contemplation of, regulatory enforcement proceedings, but that is unlikely to extend to documents produced for investigative procedures, such as FCA scoping meetings, or for a firm's fact finding exercise to assess the need for notification under the FCA Principles for Business 11.

The joint liquidators had questioned the judge's apparent suggestion that if the purpose of commissioning a report was to conduct an exercise which the joint liquidators were bound to carry out in any event, irrespective of whether litigation was pending or in contemplation, then such a purpose would necessarily be independent of the possible need to take recovery proceedings in that liquidation.

Finally, for those frequently before the Leasehold Valuation Tribunal (LVT), in circumstances where: (i) the tenant had failed to attend the hearing before the LVT, (ii) the tenant had omitted to bring s 47 to the LVT's attention, and (iii) where there was nothing before the LVT to indicate to the Upper Tribunal that the tenant was in any way fussed by the landlord's s 47 failure, George Bartlett QC's conclusion bears contemplation: «No purpose will in the circumstances have been served in imposing on the landlord the need to deal with the issue raised, to serve a fresh demand and, quite possibly, to take further proceedings for recovery.»