Matrix Chambers

This Precedent is a draft witness statement in response to an application for the return of documents which the respondent has received from the applicant which the applicant contends were privileged documents sent to the respondent inadvertently or in error. The respondent contests the applicant’s claim that (1) the documents are protected by legal professional privilege (LPP), and (2) were sent to the respondent inadvertently or in error. The accompanying Drafting Notes offer further guidance and practical tips when drafting evidence in response to such an application.

This Precedent is a draft affidavit/draft witness statement in support of an application for the return of documents which the respondent has received from the applicant which the applicant contends were privileged documents sent to the respondent inadvertently or in error. It addresses issues including the establishment of legal professional privilege (LPP), the manner in which the documents were inadvertently disclosed and the pre-application correspondence and conduct. The accompanying Drafting Notes offer further guidance and practical tips when drafting such evidence in support of such an application.

This Precedent is a draft witness statement in support of an application to inspect documents that have been withheld from inspection on grounds of being privileged pursuant to CPR 31.19. The accompanying Drafting Notes guide practitioners to further guidance and practical tips on various aspects and topics raised in this draft witness statement for an application to inspect privileged documents.