SRA Samples
A company is the claimant in an action for negligence against a defendant's accountancy practice.
The claimant seeks damages for allegedly negligent professional advice provided by the defendant. Standard disclosure has been ordered.
A two-page letter sent to the claimant’s managing director by a financial adviser is included in the claimant’s list of documents. The financial adviser is independent of both parties to the litigation. The letter was found in the office of the claimant’s managing director, and the only copy is in the possession of the claimant’s solicitor.
The letter was written with the sole purpose of giving advice about drafting the letter before the claim in the present litigation.
On what basis can the claimant claim a right to withhold inspection of the letter?
A company is the claimant in an action for negligence against a defendant's accountancy practice.
The claimant seeks damages for allegedly negligent professional advice provided by the defendant. Standard disclosure has been ordered.
A two-page letter sent to the claimant’s managing director by a financial adviser is included in the claimant’s list of documents. The financial adviser is independent of both parties to the litigation. The letter was found in the office of the claimant’s managing director, and the only copy is in the possession of the claimant’s solicitor.
The letter was written with the sole purpose of giving advice about drafting the letter before the claim in the present litigation.
On what basis can the claimant claim a right to withhold inspection of the letter?
The letter is subject to litigation privilege.
D - The letter is subject to litigation privilege.
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