The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note looks at loss of privilege in civil litigation in the context of legal professional privilege (LPP) and in particular 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. It covers intentional waiver of privilege, consent to waive or give up privilege, giving limited or partial disclosure of privileged material, the issue of ‘cherry picking’ and implied waiver of privilege. It also addresses collateral waiver, accidental or inadvertent waiver (sometimes called ‘inadvertent disclosure’ or loss of privilege through inadvertent inspection) and provides guidance on what to do if you receive privileged documents and how to make applications to use privileged documents seen by mistake under CPR 31.20 and conversely, if you send privileged documents by mistake, injunctions to restrain the use of or reliance on inadvertently disclosed documents and general practical tips. It also considers privileged material wrongly used by a public body and a solicitor’s duty to former clients to preserve privileged information.
Note: this Practice Note only considers waiver in relation to documents protected by legal professional privilege (LPP). For guidance on:
waiver of without prejudice privilege, see: Without prejudice communications—Waiving without prejudice privilege
loss or waiver of common interest privilege and joint privilege, see: Privilege—joint and common
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Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary of State for
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
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