This decision is perhaps of greater interest for the discussion on litigation privilege in the context of investigations – something which was not pleaded in the recent RBS litigation (dealing with the scope of legal advice privilege). It was common ground that communications between parties or their solicitors and third parties for the purpose of obtaining information or advice in connection with existing or contemplated litigation attract litigation privilege so long as: the litigation is adversarial, not investigative or inquisitorial; litigation is in progress or reasonably in contemplation; and the communications are made with the sole or dominant purpose of […]
