Sentences with phrase «purpose of litigation»

[8]... The present case deals with a claim of privilege based upon the «dominant purpose of litigation» test and protection.

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 litigation.

This decision has to be right — it could not have been the purpose of Pt 36 to persuade Mr Yentob to accept an offer before he had achieved what was probably the main purpose of the litigation, just out of fear of the costs consequences.

Litigation privilege (which was expressly not considered in the Walter Lilly case) is slightly different in that it applies to communications both between a lawyer and client, and between either the lawyer, the client and a third party, made for the dominant purpose of litigation where litigation is pending, reasonably contemplated or existing.

Ensuring assets don't disappear can be critical to the commercial purpose of litigation.

In a ruling on the disclosure motion, Prothonotary Tabib said the agreement was privileged because it was created for the sole purpose of the litigation.

Yes, companies can claim litigation privilege over investigation reports, statements and drafts that are created during internal investigations if there is a reasonable prospect of litigation, and if advice is sought for the main purpose of litigation or contemplated 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 wonderful thing about Wikipedia for the purposes of litigation is that everything is meticulously documented on the revision history and the talk page, including when and what changes were made, by whom, and the corresponding IP addresses.

The Appeals Court analyzed the hearsay argument and essentially agreed that, but for the statute, a report of an examining physician prepared for the purposes of litigation would be considered lacking the «circumstantial guarantees of trustworthiness required for admissibility.»

Companies can maintain legal professional privilege over investigation reports, statements and drafts that are created during internal investigations if there is a reasonable prospect of litigation, and if the advice is sought for the main purpose of litigation or contemplated litigation: Skandinaviska Enskilda Banken AB (Publ), Singapore Branch v. Asia Pacific Breweries (Singapore) Pte Ltd [2007] 2 SLR (R) 367.

Documents produced are not to be used by the other party (ies) except for the purposes of this litigation unless and until the scope of the undertaking is varied by a court order or other judicial order, consent or statutory override or a situation of immediate and serious danger emerges.

As I previously blogged, the Court of Appeal for Ontario held in Westerhof v. Gee Estate, 2015 ONCA 206 that witnesses with special expertise who give opinion evidence not formed for the purposes of litigation do not have to comply with the strict procedural requirements for expert witnesses.

Legal professional privilege may be claimed over any communication between a client and their lawyer seeking or giving legal advice and over communications between a lawyer and a third party if litigation was in contemplation and the document or communication was created for the dominant purpose of litigation.

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.

It is not to be used by the other parties except for the purpose of that litigation, unless and until the scope of the undertaking is varied by a court order or other judicial order or a situation of immediate and serious danger emerges.

«The purpose of the litigation privilege... is to create a zone of privacy in relation to pending or apprehended litigation.

The purpose of the litigation privilege is to «create a zone of privacy» in relation to pending or apprehended litigation, noted Supreme Court Justice Morris Fish in Blank.

In order for a document or communication to be protected, it must have been prepared or made exclusively, or at least primarily, for the purpose of litigation.

The court held that as the exchanges occurred in the normal course of the insurance company's business, they did not have the required purpose to be considered as communications made primarily for the purposes of litigation.

Counsel informed the court that the magnitude of the paper trail was such that they reviewed for the purpose of their litigation over 200,000 pages of records in various forms.

2.4 The Central Themes are merely a selective number of facts and ideas artificially taken out of HBHG for the purpose of the litigation.

2.1 Holy Blood Holy Grail does not have a Central Theme as contended by the Claimants: it was an artificial creation for the purposes of the litigation working back from the Da Vinci Code.

Clients are welcome to contact us direct as a first port of call either for the purposes of litigation or in helping to find ways to introduce products via the regulators into the UK market.

It argued that the coalition was «merely a shell company formed for the purposes of this litigation» and would not «be subject to any direct impact from the proposed projects that is distinct from the impact on the public at large.»

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].

The two pertinent questions and answers for the purpose of the litigation were as follows:

Knowing that SAIC and VirnetX were plaintiff partners in the case against Apple, one may infer SAIC transferred its patent portfolio to VirnetX solely for the purpose of litigation, for the reasons discussed below.

(154) The Department explained that while it is not possible to provide details of the nature and purpose of individual payments, about 90 % were payments for the purpose of negotiated agreements and 10 % for the purpose of litigation.