Waiver of privilege: giving away more than you bargained for

Resource type: Articles

Status: Published on 28-Jul-2011

Jurisdiction: United Kingdom

It is well known that a party who chooses to waive legal professional privilege over selected documents may find that the waiver extends further than he intended. This is known as the principle of "collateral waiver" or, more colloquially, the cherry-picking rule. This article looks at some recent cases on when the principle comes into play and how widely it extends, and considers what lessons can be drawn from them.

Anna Pertoldi and Maura McIntosh, Herbert Smith LLP

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  • Resource ID: 6-506-9883
  • Published: 28-Jul-2011
  • Products:  PLC Magazine (UK), PLC UK Commercial, PLC UK Corporate, PLC UK Dispute Resolution, PLC UK Employment, PLC UK Law Department, PLC UK Public Sector, PLC UK Tax
    • Series: Briefing
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