Wheeler v Le Marchant

Facts

Letters passed between a solicitor and a surveyor about a property. They were written so that the solicitor could advise the client. Litigation was not then contemplated. The other side sought the letters.

Issue

Are reports obtained from a third person privileged if they were obtained for advice, but not for litigation?

Held

No. Jessel MR held that communications with a third party are privileged only when they are made for the purpose of litigation that is pending or in contemplation. Advice privilege did not cover the surveyor.

Principle

A document from a surveyor, a doctor or an accountant is not privileged merely because a solicitor asked for it. The dominant purpose must be litigation, unless the communication is the client's own with the lawyer.

Why it matters

Waugh confirms the dominant-purpose test a century later. The two cases go together.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.