Legal Privilege, Disclosure & Part 36 - ‘To Disclose or Not to Disclose’

Introduction

This course will examine the key principles, legal privilege, disclosure and part 36, in the context of civil litigation.

The interactive aspects of this course will explore caselaw and principles tailored to reinforce and embed what you have learnt.

What You Will Learn

This course will cover the following:

• Understand key principles of legal advice and litigation privilege respectively
• How to guard against inadvertently waiving legal privilege
• Know the rules governing disclosure in relation to legal privilege
• Understand the principles that the court would apply on an application for disclosure of potentially legally privileged material
• How to deal with inadvertent disclosure
• How to avoid waiving privilege and inadvertently disclosing privileged material when compiling the N265 list of documents
• Understand when disclosure of a part 36 offer can be made in court proceedings
• Gain concrete understanding of the key principles with worked examples