Waiver of privilege can sometimes have unanticipated
consequences. If legally privileged communications are referred to
in evidence in court, the privilege attaching to those
communications and to related communications may be lost. The
English High Court recently considered the knock-on effect of
waiver of privilege in Commodities Research Unit
International (Holdings) Ltd & others v King and Wood Mallesons
LLP.
WHAT IS PRIVILEGE?
Legal professional privilege has a number of forms, including
legal advice privilege which protects the confidentiality of
communications between a lawyer and a client for the purpose of
seeking or giving legal advice. If a communication is privileged,
it does not have to be disclosed to the other side in
litigation.
