Court of Appeal condemns ‘privilege hunting’ as abuse of process—Solicitors Journal
Partner Tom Deely has written an article in Solicitors Journal on the Court of Appeal's decision that 'privilege hunting', the dishonest acquisition of an opponent's privileged information, constitutes an abuse of process.
Tom examines the court's approach to sanctions, noting that while such conduct will attract serious consequences, including the refusal of applications and other procedural remedies, it will not automatically result in a claim being struck out. He also highlights the practical implications for solicitors who are presented with improperly obtained privileged material and the need to consider their professional and potential criminal law obligations.
Clearly, a privilege hunting operation will be regarded as an affront to the principles of English justice and will be treated as an abuse of process.
The full article is available to read online from Solicitors Journal here.
About Tom
Tom Deely is a partner in the trust and estate disputes team, advising claimants and defendants on complex domestic and international disputes involving estates, trusts, inheritance claims and Court of Protection matters. An experienced litigator and effective negotiator, Tom regularly acts in high-value and cross-border cases, with considerable expertise in mediation, round-table discussions and disputes involving multi-million-pound estates.
Get in touch
If you would like to speak with a member of the team you can contact our trusts wills estate disputes solicitors by telephone on +44 (0)20 3826 7530 or complete our enquiry form.
