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Privilege can be waived without express statement , High Court finds

In Alan Edwards & Co Solicitors v TWM Solicitors, the High Court was asked to decide whether communications between TWM Solicitors and its former client, Enfranchisement & Leasehold Solutions Limited (ELS) enjoyed privilege. London firm Alan Edwards is seeking a contribution from TWM after being pursued for negligence. The case relates to the purchase of an exclusive garden square in central London. Lease owners at 49 Lennox Gardens, Knightsbridge, instructed ELS to help them buy the freehold of Lennox Gardens in 2008. The enfranchisement company – which was dissolved in 2017 – instructed TWM. Amber Galloway, a lessee who participated in the enfranchisement exercise, also instructed Alan Edwards to assist her. However, she eventually brought two claims against the firm alleging negligence.

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