Not-Quite-Absolute Privilege?

Practitioners beware this example of circumstances in which the court will order disclosure of privileged notes of advice given by solicitors and counsel: D (A Child) [2011] EWCA Civ 684 (14 June 2011). John Bolch provides a useful summary here. In essence though: a client who refers in evidence to a change of position about a matter of disputed fact said to have been brought about by receipt of legal advice may find herself having to disclose details of the advice given in order to enable the other party to properly challenge her version of events on the basis of waiver.

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