It is an established principle that not everything in a lawyer's records are covered by legal professional privilege. For example, the date and time of a meeting with a lawyer would not be privileged (see R v Manchester Crown Court ex p. Rogers [1999]). Accordingly, a reference to such matters will not normally constitute a waiver of privilege over what took place at the meeting.

However, in this case, such a waiver was held to have taken place when reference was made to meetings with the claimant's solicitors. That was because the claimant had used that information in order to elaborate on its claim for lost management time as a result of the litigation (and this was an issue in the proceedings). Accordingly, a reference in the witness statement of the CFO of the claimant to the dates of communications with the claimant's solicitors had amounted to a waiver of privilege in those communications (some of which included the solicitors' advice on the merits of the underlying case).