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English court finds litigation privilege in documents obtained by deception – Lexology

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The ruling clarifies that a litigant can withhold disclosure of communications even if the other person was unaware that the communication was for a privileged purpose. In recent years, the English court has examined litigation privilege carefully. However, no aspect has been the subject of more scrutiny than the requirement that documents that a litigant seeks to withhold must have been prepared for the “dominant purpose” of preparing for litigation. In Ahuja Investments Limited v. Victorygame Limited and Surjit Singh Pandher, the court considered a situation in which one party to an exchange of correspondence withheld from the other their underlying […]