Q&As

Is it possible to give a limited waiver of privilege by redacting material in a document otherwise covered by legal advice privilege?

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Published on LexisPSL on 09/08/2018

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

  • Is it possible to give a limited waiver of privilege by redacting material in a document otherwise covered by legal advice privilege?

Is it possible to give a limited waiver of privilege by redacting material in a document otherwise covered by legal advice privilege?

Generally, see Practice Note: Privilege—loss or waiver of privilege, which looks at loss of privilege in civil litigation in the context of legal professional privilege (LPP). It considers the concept of giving up privilege, different ways in which LPP, encompassing legal advice privilege and litigation privilege, can be lost or waived and who can lose or waive the privilege. The following sections may be particularly useful: ‘Implied waiver’ and ‘Collateral waiver’.

In considering whether privilege in the document could be lost or not, see the following authorities:

  1. ACD (Landscape Architects) Ltd v Overall where deploying part of a document in court which would otherwise have been privileged gave the opposing party the right to see the entirety of the document. For further

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