Matrix Chambers

This Precedent is a draft affidavit in response to an application to inspect documents that have been withheld from inspection on grounds of their being privileged pursuant to CPR 31.19. That rule does not require the use of an affidavit; a witness statement could be used instead. The accompanying Drafting Notes guide practitioners to further guidance and practical tips on various aspects raised in this draft affidavit objecting to the inspection of privileged documents.

This Precedent is a draft letter written to the opponent in relation to privileged material inadvertently sent to them during the litigation process. It both notifies the other party that they have inadvertently received privileged material and requests various steps be taken in relation to that privileged material, including its immediate return and various assurances in relation to its current and future circulation and use. It also sets out the steps that may be taken (including applying for an injunction and/or an undertaking that those solicitors will cease to act) in the event those steps are not taken within the time frame given. The accompanying Drafting Notes guide practitioners to further guidance and practical tips on various aspects and topics raised in this draft letter concerning the inadvertent disclosure of privileged documents.

This Precedent is a draft letter responding to a request to inspect disclosed documents that have been withheld from inspection on grounds of their being privileged pursuant to CPR 31.19. It proposes wording for a number of situations, including where the party is willing to allow inspection, where the party wishes to maintain privilege, where the party is prepared to provide further information in relation to the assertion of privilege and where the dispute arises in relation to a specific document or category of documents. The accompanying Drafting Notes guide practitioners to further guidance and practical tips on various aspects and topics raised in this draft letter responding to the request to inspect privileged documents.

This Precedent is a draft letter seeking to inspect documents which have been disclosed but which are said to be privileged under CPR 31.19. It covers the situation where those documents have been identified and also where those documents have not been identified. It also covers the situation where the opponent is a corporate entity, thereby addressing the need for a strict definition of client. In doing so, it refers to various of the leading authorities on privilege (including Three Rivers and West London Pipeline). The accompanying Drafting Notes guide practitioners to further guidance and practical tips on various aspects and topics raised in this draft letter requesting inspection of privileged documents.

This Precedent and drafting note gives guidance on the information that should be sent to your client to explain disclosure and privilege under Part 31 of the CPR. It explains key concepts that it is important the client understands, including the meaning of document, control and privilege in the context of disclosure and the importance and relevance of those concepts and of protecting privilege so as to improve the likelihood of succeeding on their claim. The client should be encouraged to circulate the memo to key personnel as soon as a potential dispute arises. It is not for use in claims subject to the disclosure scheme operating in the Business and Property Courts.

This Precedent is a draft order directing the inspection of documents that have been disclosed but which are said to be privileged under CPR 31.19. In addition to providing for the inspection of privileged documents, it includes a provision for costs. The draft order should accompany the application notice and witness statement in support of an application for such inspection. The accompanying Drafting Notes guide practitioners to further guidance and practical tips on drafting an order requiring inspection of documents said to be privileged.

This Precedent is a draft order for the return of privileged documents which were mistakenly sent to and/or received by the respondent. It sets out the steps required to be taken by the respondent and/or the respondent’s solicitors, including a provision requiring the respondent’s solicitor to cease acting in case the circumstances would justify that order. The accompanying Drafting Notes offer further guidance and practical tips for drafting an order for return of inadvertently divulged privileged documents.

This Precedent is a draft letter written in response to a letter from another party to the litigation notifying you that you have inadvertently received privileged documents and requesting various steps be taken and assurances given in relation to that material within a stated period of time. It provides suggested wording for a number of scenarios, including those where the other party's notification has been received before the relevant material has been reviewed; where the assertion of privilege is contested; where it is contended it was not obvious the documents were sent in error; and where it is contested any privilege has been lost and/or waived. The accompanying Drafting Notes guide practitioners to further guidance and practical tips on various aspects and topics raised in this draft letter responding to notification that you have inadvertently received privileged documents.