The Weekly Law Reports
[2018] 4 WLR 26
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
Practice— Discovery— Privilege— Common interest privilege— Drivers in road traffic accidents hiring replacement cars on credit terms — Hirer seeking to recover hire charges by bringing claims in drivers’ names— Drivers 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 parties— Whether party sharing common interest privilege in documents entitled to waive privilege acting alone
Practice— Discovery— Privilege— Legal professional privilege— Expert evidence deployed in support of defence in litigation and settlement negotiations tainted with dishonesty— Defendant solicitors and their clients acting innocently— Claimants applying for disclosure of documents over which defendant solicitors claiming privilege— Whether iniquity exception to legal professional privilege applying
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JOHs should sign in via eLIS.