31 The discovered documents and subpoenaed documents which are the subject of privilege do not fall within the scope of the waiver of privilege effected by the disclosure of the email and attached consultancy agreement. By pleading its defence, the defendant has not brought into issue the instructions it gave to its former solicitors or the advice it received from them and has not waived privilege in those communications. The plaintiffs' application to inspect the discovered and subpoenaed documents in question will be dismissed."
SDL Price at posting:
11.7¢ Sentiment: Hold Disclosure: Held