If there is one area of the law which has always seemed to me to be all over the place (though I never really sat down and tried to nut it out), it's the law of privilege in its application to the inadvertently disclosed document. The latest English decision is MMI Research Ltd v Cellxion Ltd and others [2007] All ER (D) 142. It says that there will be a waiver unless the recipient ought to have known that a mistake had been made. In this case that could not be made out. CMS Cameron McKenna's Law Now note on the case is here.
Latest case on privilege and inadvertent disclosure
December 3rd, 2007 · 1 Comment
Tags: Ethics · duties of confidentiality
1 response so far ↓
1 Derek Begg // Jul 14, 2008 at 4:57 pm
On the subject of inadvertent electronic disclosure of privileged documents, have you had a look at GT Corporation Pty Ltd v Amare Safety Pty Ltd [2007] VSC 123 (25 May 2007)?
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