Description
Where a law firm acting for an opponent in litigation had come in to possession of privileged material and some of it had been reviewed, in deciding whether that firm could continue to act the first question for the Court was whether there was a real risk that information in the documents over which privilege and confidentiality had been claimed could be used to yield an advantage or disadvantage. Where a Tier 1 style review (a preliminary overview assessment to exclude obviously irrelevant) was conducted then it is unlikely that substantive information will be obtained. The next question is whether the contents of the documents are likely to cause real prejudice to the Claimant even where the firm has given an undertaking not to rely on their contents. No such prejudice arose on the facts.
