The Court of Appeal’s recent decision in The Civil Aviation Authority v Jet2.Com Ltd [2020] EWCA Civ 35 provides important new guidance on the application of legal advice privilege (“LAP”), including clarifying whether a person claiming LAP must show that the dominant purpose of the relevant communication was to obtain or give legal advice. The leading judgment of Hickinbottom LJ provides a clear summary of the law in relation to LAP and serves as an important reminder of the limits to LAP and the proper care required by clients and lawyers when seeking or giving legal advice, particularly in the context of internal, multi-addressee correspondence.
This client alert provides a summary of the proceedings to date, including the existing law in this area and the first instance decisions of Morris J, before turning to the issues before the Court of Appeal and key practical considerations to take away from its judgment.
