Not exact matches
Legal advice privilege arises over confidential communications between lawyer and client that are created for the
sole or dominant
purpose of giving or seeking legal advice, even if there is no actual or potential
litigation.
The Judge ruled that
litigation privilege can only protect documents which are prepared with the
sole or dominant
purpose of conducting
litigation, and that it can not protect documents produced with the
purpose of enabling advice to be taken in connection with anticipated
litigation.
Vos LJ held that the documents sought by Bilta were created for the
sole or dominant
purpose of conducting
litigation.
Rather, the document relates exclusively to this
litigation, was apparently created after this dispute arose, and exists for the
sole purpose of assuring compliance with discovery that may be required in this
litigation.
While particularly large and litigious organizations can and do decrease legal costs by leveraging internal personnel, such personnel are usually devoted to the
sole purpose of supporting
litigation activities.
The communications are made with the
sole or dominant
purpose of conducting that anticipated
litigation
The relevant communication or document is made or created with the
sole or dominant
purpose of conducting that
litigation; and