It sometimes happens that a privileged document ends up in the hands of an opponent or third party, either as a result of inadvertent disclosure in litigation or in some other way, or a privileged document is referred to in the course of litigation. In some circumstances this may result in a loss or waiver of privilege, which may be limited to the document itself or may extend more broadly to other privileged material. But sometimes it may be possible to retrieve the position.
Anna Pertoldi and Maura McIntosh have published an article in the October edition of PLC Magazine, “Waiver of privilege: All is not lost”, which looks at the issues. Click here to download a PDF.