The Civil Aviation Authority v Jet2.Com Ltd, R. (on the Application of)

The Civil Aviation Authority v Jet2.Com Ltd, R. (on the Application of)

Legal advice privilege applies only where the dominant purpose of the communication is to seek or give legal advice. Multi-addressee emails are privileged only if their dominant purpose is legal advice; otherwise, they are not privileged. Voluntary disclosure of a single email does not waive privilege over all...

Source-derived case information.

Parties
Appellant: The Civil Aviation Authority; Respondent: Jet2.com Limited; Intervener: The Law Society of England and Wales
Jurisdiction
England and Wales
Judgment Date
28 January 2020
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Legal Advice Privilege, Dominant Purpose Test, Disclosure, Collateral Waiver, Multi Addressee Communications
Administrative Law Civil Procedure Evidence Legal Advice Privilege Dominant Purpose Test Disclosure Collateral Waiver Multi Addressee Communications

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

The Civil Aviation Authority

Appellant

Jet2.com Limited

Respondent

The Law Society of England and Wales

Intervener

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Does legal advice privilege require the dominant purpose of a communication to be seeking or giving legal advice?
  2. 2 What is the proper approach to privilege in multi-addressee communications involving lawyers and non-lawyers?
  3. 3 Was privilege waived by voluntary disclosure of a specific email?

Ratio Decidendi

Legal advice privilege applies only where the dominant purpose of the communication is to seek or give legal advice. Multi-addressee emails are privileged only if their dominant purpose is legal advice; otherwise, they are not privileged. Voluntary disclosure of a single email does not waive privilege over all related documents unless fairness requires it within the relevant transaction.

Court Disposition

Appeal dismissed

Orders

  • Drafts of the 1 February 2018 letter and related internal communications are not privileged and must be disclosed.
  • Privilege was not waived in respect of other documents by voluntary disclosure of the 24 January 2018 email.