Queen’s Bench Division
Accident Exchange Ltd and another
v
McLean and others
[2018] EWHC 23 (Comm)
2017 Nov 7, 8, 9; 2018 Jan 11
Sir Andrew Smith sitting as a deputy judge of the High Court
PracticeDiscoveryPrivilegeCommon interest privilegeDrivers in road traffic accidents hiring replacement cars on credit terms Hirer seeking to recover hire charges by bringing claims in drivers’ namesDrivers authorising hirer to appoint solicitor to act on their behalf and allowing hirer access to solicitor/client documents Whether hirer required to disclose solicitor/client documents in subsequent proceedings against third partiesWhether party sharing common interest privilege in documents entitled to waive privilege acting alone
PracticeDiscoveryPrivilegeLegal professional privilegeExpert evidence deployed in support of defence in litigation and settlement negotiations tainted with dishonestyDefendant solicitors and their clients acting innocentlyClaimants applying for disclosure of documents over which defendant solicitors claiming privilegeWhether iniquity exception to legal professional privilege applying
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