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Civil Procedure
CPD Points:
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast is aimed at litigation lawyers wanting a clearer idea of the circumstances in which legal advice or litigation privilege can be, or will be found to be, waived. It is therefore suitable for all lawyers interested in this area, whether newly qualified or as a refresher for more experienced practitioners.

After completing the course you will:
  • Understand when litigation or legal advice privilege attaches to a document;
  • Understand who can claim litigation or legal advice privilege;
  • Have a clear understanding of the common circumstances in which privilege can be inadvertently waived;
  • Have a clear understanding of when privilege attaches to experts' reports and when they must be disclosed.
General Interest Difficulty: 2 of 5
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Three Rivers (No 5) [2003] 3 WLR 667;
  • Expandable v Rubin [2008] EWCA Civ 59;
  • Dunlop Slazenger International Ltd v Joe Bloggs Sports Ltd [2003] EWCA Civ 901;
  • Vasiliou v Hajigeorgiou [2005] EWCA Civ 236;
  • Carruthers v MP Fireworks Ltd (unreported, 26 Jan 2007);
  • Barings Plc v Coopers & Lybrand [2000] 1 WLR 2353;
  • Al Fayed v Commissioner of Police [2002] EWCA Civ 780;
  • Fulham Leisure Holdings v Nicholson Graham and Jones [2006] EWHC 138 (Ch).

In this podcast we interview Emily McKechnie, a barrister at Wilberforce Chambers, on litigation and legal advice privilege. In particular, the focus of the discussion is when privilege is, or is deemed to be waived in different situations. As this may sometimes be inadvertent, practical advice is given on how to avoid privilege of a document being unintentionally waived.

Podcast Added: 28/11/2008

Podcast last reviewed: 2011-03-28

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