Q&As

Can two proposed co-defendants, who have a common interest, disclose to each other their respective open correspondence with the claimant's solicitors? Does this have an impact on common interest privilege?

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Published on LexisPSL on 29/07/2020

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Can two proposed co-defendants, who have a common interest, disclose to each other their respective open correspondence with the claimant's solicitors? Does this have an impact on common interest privilege?

Joint or common interest privilege may arise where multiple parties have a right to assert privilege in the same documents. The circumstances of such privilege may vary.

Joint privilege occurs where multiple parties have a joint retainer or joint interest in advice, for instance, where a company seeks advice on a matter in which the directors have an interest (as defined in R (on the application of Ford) v FSA). Joint privilege may be asserted to enable a party to gain access to privileged information held by another pa

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