Cases

USP Strategies plc & Anor v London General Holdings Ltd & Ors

Held

Privilege is not lost merely because the advice is disclosed to a third party or not recorded in its original form. The Defendants had disclosed the advice confidentially. Any extract from the legal advice in the hands of the third party was therefore protected from disclosure, however small. It did not matter that the effect of non-disclosure might be to conceal an earlier infringement of the CAA. The iniquity exception did not apply as the Defendants had acted in the honest, but mistaken, belief that they were lawfully entitled to make use of a derivative copy of the Claimants' CAA.

Also