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Balancing disclosure and protection

12 September 2016

Georgina Squire advises litigators on the potential pitfalls involved in protecting privileged documents

There is always a delicate balance for any litigator between complying with standard disclosure obligations under the Civil Procedure Rules and maintaining privilege over sensitive documents that clients do not want in the public domain.

While the main categories
of legal advice and litigation privilege remain at the forefront of a litigator's mind when preparing for disclosure, recent case law has added further factors that all litigators must consider even before proceedings are issued in order
to protect privileged documents from the outset of any claim.

Statements of case

Litigators must ensure they do not waive privilege by including reference to privileged documents in statements of
case. Any d...

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