Getting the solicitor’s file: Section 68 Solicitors Act, disclosure problems and joint privilege

09 May 2013, 12:00 am

In making a claim against a solicitor for professional negligence the Claimant will want to see as early as possible the solicitor’s file. Sometimes waiting for disclosure is too late. In this seminar PJ and Sarah explore the circumstances in which it may be possible to get hold of the file before the commencement of the professional negligence proceedings or before disclosure has been ordered.
This seminar will consider the following:

  • Section 68 Solicitors Act – not just for costs
  • In what circumstances should an application pursuant to section 68 be considered?
  • Section 68 and standard disclosure compared
  • Who is the client? Insurer or insured? Mortgagor or mortgagee? Company or directors? Both?
  • What is meant by joint privilege?
  • To whom do the documents belong?
  • What documents can be delivered up pursuant to section 68?
  • Can electronic documents including meta data be delivered up pursuant to section 68?