Claims Consultants and legal professional privilege

March 2012
Claire Miller and Sabrina Ashoor

Following the Walter Lilly & Company Ltd v Mackay and another decision for claims consultants and those who instruct them, the High Court has determined that legal professional or legal advice privilege does not extend to documents generated by claims consultants where they have been engaged to provide contractual and adjudication advice.

In light of this decision, it is clear that if legal professional privilege is to extend to the documents generated by claims consultant and the correspondence passing between them and their clients in the provision of contractual and adjudication advice, then a practising solicitor or barrister should be retained to provide legal advice on the issues involved and documents generated.

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