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?
Q3. In which of these situations can litigation privilege apply?
iii. Expert determinations
Yes
Incorrect.
The answer is maybe. It depends on how the expert determination clause is construed and how far the expert determination process has progressed. See WH Holding v E20 Stadium [2018] EWHC 2784 (Ch) where a potential expert determination was held not to be sufficiently adversarial to attract litigation privilege.
No
Incorrect.
The answer is maybe. It depends on how the expert determination clause is construed and how far the expert determination process has progressed. See WH Holding v E20 Stadium [2018] EWHC 2784 (Ch) where a potential expert determination was held not to be sufficiently adversarial to attract litigation privilege.
Maybe
Correct!
It depends on how the expert determination clause is construed and how far the expert determination process has progressed. See WH Holding v E20 Stadium [2018] EWHC 2784 (Ch) where a potential expert determination was held not to be sufficiently adversarial to attract litigation privilege.
Thank you for playing
If you answered all of the questions right - congratulations! Light the first Advent calendar to celebrate!
If not, better luck next week!
*Position in English law.
