Until the indemnity principle disappears, there will always be the need to make sure that the retainer between solicitor and client is clear. This was again highlighted in the recent judgment of Deputy Master Friston in Anthony v Collins. Continue reading
It has been clear for some time that a third party who funds litigation on commercial terms may be ordered to pay the costs of the winning defendant if the funded claim is unsuccessful. What was less clear, until recently, was the extent of that liability, and in particular whether it is subject to a fixed limit in the form of the so-called “Arkin cap”. Continue reading
In the recent decision of Civil Aviation Authority v R Jet2, the Court of Appeal confirmed that the dominant purpose test, previously understood by some to be the sole domain of litigation privilege, also applies to legal advice privilege (LAP). The decision means that only those communications created for the dominant purpose of obtaining or giving legal advice will be protected by LAP. We consider some of the practical implications of this decision below. Continue reading