Legal News

Inadvertent disclosure of privileged documents (Microgeneration Technologies v RAE Contracting)

Published on: 05 September 2017
Published by: LexisPSL
  • Inadvertent disclosure of privileged documents (Microgeneration Technologies v RAE Contracting)
  • Original news
  • Inadvertent inspection of disclosed documents (CPR 31.20)
  • The test
  • A development of the basic test: the two solicitors scenario
  • The most recent case law—the reasonable solicitor
  • What are the practical implications of these decisions?

Article summary

Dispute resolution analysis: Helen Rowlands, partner and Nicola Vinovrski, legal director at Clyde & Co consider the recent decisions in Microgeneration Technologies v RAE Contracting and Atlantisrealm v Intelligent Land Investments, where one party inadvertently sends to the other side in litigation a privileged document. What should they (and the person who receives it) do? Inadvertent disclosure can happen, particularly in complex litigation which involves a large number of documents, multiple document reviewers, and issues of privilege, which will not necessarily be straightforward. or take a trial to read the full analysis.

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