It does not matter whether or not the client intends to waive privilege when she refers in a witness statement to the nature of legal advice she has received.
Where privileged material is deployed by a party for the purpose of an interim application in order to advance his case on the merits, it is not just to deny the other party the opportunity to refer to such material at trial.
Following an exchange of emails negotiating the terms of a contract for the storage of fuel by the claimant, the words "a formal contract will follow in due course" in the claimant's signed quotation did not indicate that the defendant's acceptance of the quotation was no more than an agreement subject to contract.
The claimant lender was successful in its application for delivery up of a firm’s files concerning mortgage transactions in which the solicitors had acted for both the lender and their borrowers.
The owners of the Ariela incurred costs of more than $1.25 million defending a fraudulent claim by the owners of the Kamal following a collision between their vessels.
It is possible for an agreement that is "subject to contract" to become legally binding where the parties later agree to waive that condition.
This case concerns a series of complex agreements relating to equities and foreign exchange trading concluded between the claimant, an investment bank domiciled in Germany, and the defendant company incorporated in the Turks and Caicos Islands.