Implied waiver of privilege considered (Hellard v Irwin Mitchell)

Table of contents

• Practical implications
• Court details
• Facts
• Judgment
• Practice notes

Article summary

The High Court has ruled that in claims by a former client against a firm of solicitors the implied waiver of privilege also extends to papers of counsel. It is well established that the waiver relating to the client/solicitor communications is inevitable in the interests of fairness to avoid the former being able to cherry pick what is disclosed and the latter being precluded from defending the claim properly. This case confirms that it is only logical that once there has been a waiver in relation to those communications, any relevant evidence can be adduced—including that of anyone who was involved in the giving of advice, such as counsel.