Privilege Pitfalls - Inadvertent Waivers & ‘Cherry Picking’ Explained

Introduction

When does referring to a document waive privilege?

Privilege in respect of legal advice and documents is an important safeguard in litigation. Several recent cases have looked at privilege in the context of references to privileged documents in pleadings, statements and letters.

The dividing line between the waiving of privilege and maintaining it is a thin one. It is vital to keep the client’s privilege intact and all solicitors must understand how to achieve that and the consequences of referring to privileged documents.

What You Will Learn

This short webinar will cover the following:

This webinar will explain:

• Inspection of documents - Mobile Telecommunications Company KSC v HRH Prince Hussam Bin Saud Bin Abdulaziz Al Saud
• Waiving privilege in advice - Kasongo v Humanscale UK Ltd
• Does legal professional privilege extend to documents continuing or evidencing instructions communicated by a solicitor? Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Ashurst LLP
• When is it safe to refer to privilege documents? TMO Renewables v Reeves & Audley
• When reference to legal advice may result in broader waiver - PCP Capital Partners v Barclays Bank

This webinar was recorded on 3rd September 2020