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?iii. Communications with an expert
Yes
Incorrect.
The answer is maybe. Communications with an expert are privileged, provided that the conduct of litigation is clearly the dominant purpose of the communication. Sotheby's v Weiss [2018] EWHC 3179 held that communications which had the dual purpose of allowing Sotheby's to decide whether or not to rescind a contract and to litigate the aftermath were not privileged.
No
Incorrect.
The answer is maybe. Communications with an expert are privileged, provided that the conduct of litigation is clearly the dominant purpose of the communication. Sotheby's v Weiss [2018] EWHC 3179 held that communications which had the dual purpose of allowing Sotheby's to decide whether or not to rescind a contract and to litigate the aftermath were not privileged.
Maybe
Correct!
Maybe. It will depend on whether or not the conduct of litigation is clearly the dominant purpose of the communication with the expert. Sotheby's v Weiss [2018] EWHC 3179 held that communications which had the dual purpose of allowing Sotheby's to decide whether or not to rescind a contract and to litigate the aftermath were not privileged.
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