Purple chairs in reception with side view of corridor

A Litigator's Quiz: First Candle of Advent

02 December 2019

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?

Q2. Which of these will bring privilege to an end?

i. Disclosure of other privileged documents relating to the same subject matter.

Yes

Correct!

Partial disclosure from a corpus of privileged documents will usually not be permitted, as it may be unfair or misleading. The court will look at the nature of the 'transaction' in issue in the documents in a broad-brush way: Kasongo v Humanscale UK [2019] 9 WLUK 55; Jet2.com v Civil Aviation Authority [2019] EWHC 336.

No

Incorrect.

The answer is yes. Partial disclosure from a corpus of privileged documents will usually not be permitted, as it may be unfair or misleading. The court will look at the nature of the 'transaction' in issue in the documents in a broad-brush way: Kasongo v Humanscale UK [2019] 9 WLUK 55; Jet2.com v Civil Aviation Authority [2019] EWHC 336.

Maybe

Incorrect.

The answer is yes. Partial disclosure from a corpus of privileged documents will usually not be permitted, as it may be unfair or misleading. The court will look at the nature of the 'transaction' in issue in the documents in a broad-brush way: Kasongo v Humanscale UK [2019] 9 WLUK 55; Jet2.com v Civil Aviation Authority [2019] EWHC 336.

Continue with the quiz

Click here for the next question.