- 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?
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.
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