WITNESS EVIDENCE WEDNESDAY: WAIVING LEGAL PROFESSIONAL PRIVILEGE BY MENTIONING IT IN A WITNESS STATEMENT

September 23, 2026 · by · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Witness statements

Issues of legal professional privilege have been in the news this week.  This makes it an opportune time to revisit those cases where litigants have inadvertently waived privilege by mentioning legal advice in witness statements. "...  there is a distinction to be drawn between (a) a reference to th...

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