Legal Viewpoint December 2018 

Back in lawyer’s harness, I can show interest in caselaw developments again…Legal Privilege has been prominent, in at least three reported cases..

Privilege - Survives corporate death

In Addlesee & Others v Dentons Europe [2018] EWHC 3010 (Ch), dispossessed investors sought to retrieve files from the solicitors to a former Cypriot company which is now dissolved. The High Court declined to make a declaration that the files were no longer protected by legal privilege simply because the company was wound up. To do so would be to discount the - albeit remote - possibility that its registration might become restored.

Privilege - Not applicable to expert’s advice unless litigation is its dominant purpose

For rights of privilege to apply to advice from non-lawyers, the advice must be delivered/received in a context where litigation, current or contemplated, is the predominant reason to seek the advice.

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