Jersey F.S.C. v Black [2003] JLR 609 (28 October 2003)
- Citation
- [2003] JLR 609
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Interlocutory
More details
- Posture
- Civil / Interlocutory
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that counsel's opinion prepared in anticipation of litigation is privileged until privilege is waived, and that privilege may be waived before the opinion is finally deployed in evidence. The court should adopt a flexible approach based on fairness rather than a mechanistic test.
Court disposition
interlocutory ruling on privilege
02
Material facts
Parties
Jersey Financial Services Commission
ApplicantBlack
Respondent03
Procedural history
Posture
Civil / Interlocutory
04
Questions and positions
Legal issues
- 01
Whether counsel's opinion prepared in anticipation of litigation is privileged
- 02
Whether privilege can be waived before the opinion is deployed in evidence
- 03
What approach the court should take to waiver of privilege
Party arguments
- Applicant
- Counsel's opinion prepared for the client in anticipation of litigation is privileged and should remain so until privilege is expressly waived.
- Respondent
- Privilege may be waived before the opinion is finally deployed in evidence, and the court should not apply a mechanistic test.
05
Court’s reasoning
Legal principles
- 01
Jersey common law
Counsel's opinion prepared for a client in anticipation of litigation is privileged until privilege is waived.
- 02
Jersey common law
Privilege may be waived before the opinion is finally deployed in evidence; the court should adopt a flexible approach based on fairness rather than a mechanistic test.
06
Ratio, limits and disposition
Ratio decidendi
The court held that counsel's opinion prepared in anticipation of litigation is privileged until privilege is waived, and that privilege may be waived before the opinion is finally deployed in evidence. The court should adopt a flexible approach based on fairness rather than a mechanistic test.
Obiter and limits
- Factors for consideration in determining waiver of privilege include the stage of proceedings and the conduct of the parties.
Court disposition
interlocutory ruling on privilege
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Jersey F. S. C. v Black [2003] JLR 609 (28 October 2003) URL: https://www.bailii.org/je/cases/JLR/2003/JLR030609.html Cite as: [2003] JLR 609 [ New search ] [ Help ] Jersey F. S. C. v Black 2003 JLR 609 (28 October 2003) Advocates-professional privilege-contemplation of litigation-counsel's opinion prepared for client in anticipation of litigation privileged until privilege waived-may be waived before opinion finally deployed in evidence-court to adopt flexible approach based on fairness and not use "mechanistic" test-factors for consideration The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2003 JLR 609 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2003/JLR030609.html
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