- Privilege not lost where party gave impression of threatening separate litigation in order to obtain information (Victorygame Ltd v Ahuja Investments Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: A unanimous Court of Appeal upheld the widely publicised decision of Mr Justice Vos in this case, ruling that a controversial tactical rationale behind a letter of claim does not deprive the prospective litigant of privilege in connected proceedings over pre-action correspondence and its enclosures. Lady Justice Andrews rejects a Canadian-style public interest exception and sets out a helpful framework for determining if privilege arises and whether any exceptions, such as waiver or estoppel apply. This case is also a useful reminder for litigants to be cautious when choosing their information-gathering strategies. Written by Natalie Todd, partner, and Anastasia Tropsha, lawyer, at PCB Byrne LLP.
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