Q&As

Where a document has been shared between two parties under common interest legal privilege and those parties fall into dispute such that they no longer share a common interest and are bringing proceedings against each other, can that document, be relied on by either party in those subsequent proceedings?

read titleRead full title
Published on LexisPSL on 06/04/2018

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

  • Where a document has been shared between two parties under common interest legal privilege and those parties fall into dispute such that they no longer share a common interest and are bringing proceedings against each other, can that document, be relied on by either party in those subsequent proceedings?
  • Limited waiver of privilege

Common interest privilege allows a client party (say, party A) voluntarily to disclose privileged material to a third party (party X). Common interest privilege may arise in respect of communications between parties sharing the same interest, even in circumstances where there is no joint privilege. The same interest may be in the subject matter of the privileged communication, or in litigation to which the document is connected, and in respect of which the document was created (Buttes Gas v Hammer, Commercial Union Assurance Co plc v Mander BLD 2640980132 [1996] 2 Lloyd’s Rep 640 (not reported by LexisNexis®)).

It operates to ensure that, where the client party has voluntarily disclosed an otherwise privileged document to a third party, provided a common interest exists between the client party and the third party at the time of the disclosure, privilege in r

Popular documents