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UK - Legal advice privilege and multi-addressee emails deconstructed, “dominant purpose” deployed

It is a common occurrence in disclosure reviews; an email sent from a client to a lawyer but including other internal addressees. The content may vary – from an explicit message to the lawyer, to a generic request for input. In CAA v The Queen on the application of Jet2.com [2020] EWCA Civ 35, the Court of Appeal examined how legal advice privilege (LAP) is to be applied in such circumstances. The key tool? grafting a “dominant purpose” test onto LAP. We consider the implications.

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