Q&As

There are conduct considerations that govern the way solicitors must deal with documents that have been disclosed to them by mistake, eg where a solicitor sends a legally privileged document to the other side by mistake. However, does the CPR or any code of conduct say anything about litigants in person receiving legally privileged documents from the other side by mistake?

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Published on LexisPSL on 10/12/2019

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

  • There are conduct considerations that govern the way solicitors must deal with documents that have been disclosed to them by mistake, eg where a solicitor sends a legally privileged document to the other side by mistake. However, does the CPR or any code of conduct say anything about litigants in person receiving legally privileged documents from the other side by mistake?

There are conduct considerations that govern the way solicitors must deal with documents that have been disclosed to them by mistake, eg where a solicitor sends a legally privileged document to the other side by mistake. However, does the CPR or any code of conduct say anything about litigants in person receiving legally privileged documents from the other side by mistake?

The Court of Appeal considered this issue obiter in Al Fayed v Commissioner of Police of the Metropolis at para [24], but did not come to a conclusion on what standard would be applied to a litigant in person:

‘We should add that in the discussion so far we have not considered the case where B is a litigant in person and thus does not have a solicitor acting for him. In the IBM case Aldous J suggested (at p 423) that the test should be what would be obvious to the reasonable solicitor in order to ensure consistency between different types of case. That opinion was not, however, necessary for the decision and was not considered in Breeze. Moreover, it is not consistent with the passage from the judgment of Mann LJ in Pizzey quoted above. We are not persuaded that it is correct, although it is not necessary for us to determine the true position in order to decide this appeal because, as

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