The recent case of Tchenguiz v Imeran [2009] EWHC 2902 gives guidance on when lawyers' annotations (in particular highlighting or underlining on documents) are protected by legal professional privilege. It is well settled that pre-existing documents do not become privileged just because they are submitted to lawyers for the purposes of advice or litigation. However, annotations or markings which "give a clue" to the trend of advice being offered (Lyell v Kennedy (No 3) (1884) 27 Ch.D 1, 26 per Cotton LJ) can attract privilege. Eady J clarified the extent of this rule in the Tchenguiz case. In Dore and ors v Leicestershire County Council and ors [2010] EWHC 34 (Ch) the High Court recently addressed waiver of privilege. The court ruled that it was not appropriate to order further disclosure of privileged documents on the basis of previous waivers as each transaction to which waiver applied had been limited and fairness did not require further disclosure. Click here for more information on these cases