Ashleigh Wong and Matthew Forsyth in our Dispute Resolution team, recently wrote an analysis for common interest privilege.
“It seems probable that parties joining to share documents for use in a joint claim would have the requisite common interest. The older, more restrictive approach to common interest privilege, as propounded in Buttes Gas and Oil Co v Hammer (No 3), considered that what was required was ‘an identity of interest so close that the parties concerned could (had they chosen to do so) have used the same solicitor.” Written by Ashleigh Wong Senior Associate and Matthew Forsyth Paralegal at Gardner Leader LLP
This analysis was first published on Lexis®PSL and Lexis+® on 11 May 2023 and can be found here (subscription required)