What if assets have been moved to frustrate enforcement and the only person who knows where is the other party s former solicitor? Privilege protects that party, right? Not necessarily. There are many circumstances in which documents which purport to be privileged are, in fact, admissible. If such a document contains important evidence, practitioners need to ask themselves whether its apparent status can be challenged.
First stage: does privilege even apply in the circumstances?
Legal advice privilege covers communications between lawyer and client for the purpose of furnishing legal advice, but not all communications between client and lawyer attract the privilege. The legal spectacles test was formulated by the House of Lords in the leading case of