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United Kingdom Leading Case litigation privilege

Waugh v British Railways Board

[1980] AC 521
JurisdictionUnited Kingdom
CourtUK House of Lords
Year1980
StatusBinding authority

Summary

Litigation privilege attaches only where the dominant purpose of a document's preparation was use in litigation; dual-purpose documents are not protected unless litigation was the dominant purpose.

Key Principle

Litigation privilege attaches to documents prepared for the dominant purpose of litigation; if a document serves dual purposes, privilege only attaches if the dominant purpose was litigation.

Area of Law

evidence

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Under UEA s 97, tendency evidence in sexual offence cases requires significant probative value but no striking similarity between the tendency and charged acts.

Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588

Expert opinion evidence is admissible only if based on specialised knowledge, and the expert must identify the facts and reasoning underlying the opinion.

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