A Litigator's Quiz: First Candle of Advent
Legal professional privilege burns bright in the hearts of most disputes lawyers. Does it burn bright enough under English law to light the first Advent candle in 2019?
Q1. Which of these are privileged?
i. Internal discussions around settlement
Yes
Incorrect.
The answer is maybe; they will only be privileged if they involve discussion of the legal merits. WH Holding v E20 Stadium [2018] EWCA Civ 2652 held that commercial discussions about settlement at board level were not privileged. See here for more.
No
Incorrect.
The answer is maybe; they will only be privileged if they involve discussion of the legal merits. WH Holding v E20 Stadium [2018] EWCA Civ 2652 held that commercial discussions about settlement at board level were not privileged. See here for more.
Maybe
Correct!
Only if they involve discussion of the legal merits. WH Holding v E20 Stadium [2018] EWCA Civ 2652 held that commercial discussions about settlement at board level were not privileged. See here for more.
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