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Walter Lilly & Company Ltd v Mackay & Anor
[2012] EWHC 649
This case is a reminder of the scope of legal professional
privilege. The claimant in this case was a building contractor who
had been engaged to construct a house for one of the
defendants.
The defendant had engaged a claims consultant (Knowles) for
"contractual and adjudication advice". The defendant
claimed that the majority of the Knowles documentation was
privileged and did not disclose it. The contractor applied for an
order requiring disclosure of these documents and the Court agreed
holding that legal professional privilege did not apply. The Judge
gave weight to the fact that Knowles was not retained to provide
legal advice and had not held itself out as a firm of solicitors or
barristers. It was immaterial that the people providing the advice
had trained at the Bar and that the defendant honestly believed
that it was engaging
Knowles to provide legal advice. It is therefore very important
that parties are clear as to the services they are providing to
avoid any surprises as to what documentation could subsequently be
subject to disclosure.
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