When legal privilege applies

Two recent cases considered the application of legal advice privilege. Privilege allows a person to withhold evidence from production to a third party or court. There are different types of privilege, including legal advice privilege which applies to communications between a client and their lawyer, ensuring those communications can take place in unrestricted confidence.

The dominant purpose test

In Civil Aviation Authority v R Jet2.com Limited [2020] EWCA Civ 35 the relevant issues arose in judicial review proceedings brought by Jet2 against the Civil Aviation Authority (CAA).