Requirements For Litigation Privilege
In contrast to legal advice privilege (where the relevant category of communications is broadly-construed), for litigation privilege to apply, communications to and from a professional legal adviser or third party (or between them) must take place in the context of, and for the sole or dominant purpose of, actual or contemplated litigation. The litigation must be adversarial in nature (as opposed to inquisitorial or investigative.) However, litigation privilege does not extend to cover documents obtained for the purpose of litigation if they came into existence before litigation was contemplated.
Communication not only with legal advisers but with other agents for the purpose of existing litigation or litigation then in contemplation are privileged if the document comes into existence at the request or on behalf of the legal advisor or for the purpose of obtaining his advice or to enable him to prosecute the litigation.
Read more about this topic: Legal Professional Privilege In England And Wales
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