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legal professional privilegecollateral waivercherry picking
Fulham Leisure Holdings Ltd v Nicholson Graham & Jones
[2006] EWHC 158 (Ch)
Key Principle
When a party waives privilege by deploying privileged material, the scope of the collateral waiver is fixed by first identifying the relevant 'transaction' in respect of which disclosure has been made and then asking whether fairness requires disclosure of further connected material, so that a party cannot 'cherry-pick' favourable privileged documents.
Area of Law
General
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