The Civil Aviation Authority v. R (Jet2.com Limited) & Law
Society of England & Wales (Intervener) [2020] EWCA Civ 35
The Court of Appeal has handed down an important judgment
clarifying the application of the dominant purpose test to legal
advice privilege. The decision also contains helpful guidance on
waiver of privilege, and observations on the difficulties that have
been created by the narrow definition of the "client" in
Three Rivers (No 5) [2003] EWCA Civ 474.
The first instance judgment
At first instance, the Court rejected a claim for legal advice
privilege on the basis that the dominant purpose of the documents
in question was to obtain commercial views within the organisation
and not legal advice.
