Q&As

Can two proposed co-defendants, who have a common interest, disclose to each other their respective open correspondence with the claimant's solicitors? Does this have an impact on common interest privilege?

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Published by a LexisNexis Dispute Resolution expert
Published on: 29 July 2020
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Joint or common interest privilege may arise where multiple parties have a right to assert privilege in the same documents. The circumstances of such privilege may vary.

Joint privilege occurs where multiple parties have a joint retainer or joint interest in advice, for instance, where a company seeks advice on a matter in which the directors have an interest (as defined in R (on the application of Ford) v FSA). Joint privilege may be asserted to enable a party to

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United Kingdom

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