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?ii. An email sent to an inhouse lawyer and commercial colleagues asking for comments on a letter (outside the context of litigation).
Yes
Incorrect.
The answer is no. R (Jet2.com Ltd) v Civil Aviation Authority [2018] EWHC 3364 held that communications addressed to a group which included a lawyer were not for the 'dominant purpose' of legal advice and were therefore not privileged. But this decision is under appeal – so watch this is space in 2020.
No
Correct!
R (Jet2.com Ltd) v Civil Aviation Authority [2018] EWHC 3364 held that communications addressed to a group which included a lawyer were not for the 'dominant purpose' of legal advice and were therefore not privileged. But this decision is under appeal – so watch this is space in 2020.
Maybe
Incorrect.
The answer is no. R (Jet2.com Ltd) v Civil Aviation Authority [2018] EWHC 3364 held that communications addressed to a group which included a lawyer were not for the 'dominant purpose' of legal advice and were therefore not privileged. But this decision is under appeal – so watch this is space in 2020.
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