Where during a hearing the applicant issued a subpoena requiring the production of, among other things, legal advice. Production was resisted on the assertion of legal professional privilege. It was not in dispute that the advice was subject to legal professional privilege. The basis for the pursuit of the subpoena was that the privilege has been waived expressly or by implication or both.
Michael Hodge QC and Scott McLeod QC (leading BI McMillan, RH Berry and PH Nevard) appeared for the first respondent, instructed by the Crown Solicitor.
The judgment is published here.
