Sentences with phrase «protected by litigation privilege»

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].

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.

Whether a communication is protected by litigation privilege is a question of fact.

ICBC opposed arguing there were further steps the witness could have taken through the Freedom of Information process and further that the statement was protected by litigation privilege.

One issue that may arise in practice is as to whether documents created pursuant to an internal investigation to determine whether an entity must self - report a breach of the law are protected by litigation privilege.

Not exact matches

Taylor Wessing refused on three grounds: the documents would not be disclosable under Bahamian law and were protected by privilege under English law; disproportionate effort on their part would be required to inspect the documents; and the purpose of the SAR was to obtain disclosure for the sake of litigation.

0738 (JSM), 2001 WL 1154666, at * 2 (S.D.N.Y. 1 October 2001)(finding certain communications between the investigator, who conducted the internal investigation, and in - house and outside counsel are protected by attorney — client privilege because the investigator received legal advice from counsel under circumstances in which the employee under investigation was an executive and litigation was expected if the employee were terminated).

Reports that contain legal analysis, advice or conclusions, or which are prepared in contemplation of or in connection with litigation, can be protected by legal professional privilege.

This Judgment for the first time signals that litigation privilege will be unlikely to protect that legal work, meaning that genuine attempts by clients to investigate allegations will have to be embarked upon knowing that privilege will not cover whatever is produced.

Communications involving members of staff who have not been expressly tasked with seeking such advice are not protected by legal advice privilege, no matter how senior they are.2 A further point to bear in mind is that legal advice privilege (unlike litigation privilege) does not apply to communications with third parties.

Unless the individual forms part of the client group identified within the employer7 or unless litigation privilege applies, communications with the in - house counsel will not be protected by privilege.

In Alberta v. Suncor Energy Inc, 2016 ABQB 264, certain documents and records created or collected during an accident investigation were protected by litigation and solicitor - client privilege where legal counsel made decisions with respect to the accident investigation within hours of the event.

Communications involving members of staff who have not been expressly tasked to seek such advice are not protected by legal advice privilege, no matter how senior they are.2 A further point to bear in mind is that legal advice privilege (unlike litigation privilege) does not apply to communications with third parties.

The decision re-affirms that such documents are not covered by litigation privilege and protected from disclosure unless it is proved that the dominant purpose for their creation was in contemplation of litigation.

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 lLitigation 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 llitigation is in contemplation, provided such communications are for the dominant purpose of the litigationlitigation.

In Canada, there are four kinds of privilege that can be applied to protect communications by a lawyer and a client: solicitor — client privilege, litigation privilege, settlement privilege, and case - by - case privilege.

However, the requirement to disclose relevant documents in litigation or to public authorities is limited by Legal Professional Privilege (LPP), which has long been established in the common law and, more recently, as a fundamental human right protected by the right to privacy under Art 8 of the European Convention on Human Rights.