Many thanks for your patience, I am pleased to be able to continue assisting with your query now. As you may have seen from the link I provided yesterday, litigation must have either been in progress, or there must have been a reasonable prosect it will happen, for such privilege to exist. That is extremely difficult to determine and you will never get an exact point in time when it happens as it will depend on a case-by-case basis.
I would say that 1 October 2019 or probably too early in your case and you are more likely than not looking from the point you raised a formal grievance or sought legal advice as the more likely point from which litigation may have been likely to happen.
The other relevant part from yesterday’s note was this:
“The dominant purpose at the time of creation of a document or communication of its author, ….must be to use it or its contents in order to obtain legal advice, or to conduct or aid in the conduct of litigation. It will not be enough that a document happens to be relevant to later litigation if it is clear that, at the time of production, the document was commissioned for another reason, for example, a proposed business deal or a reflection of annual accounts.”
Therefore, the documents she is trying to protect under this privilege must have bene created for the purpose of obtaining legal advice or linked to the likelihood of future litigation.
And finally, this part:
“It is important to always keep in mind that there are many other types of documents or correspondence that may not necessarily be privileged. For example, any internal correspondence may not necessarily be privileged, even if it is highly confidential and potentially damaging to your case. Other documents include correspondence with and reports created for insurers, inter-company memos and reports prepared for internal purposes, for example reports on accidents for internal health and safety purposes. Board minutes discussing actions to be taken in light of legal advice received in relation to the litigation, but which does not reveal the advice itself, will not be privileged either. One further point to note is that any marked or modified copies of documents are treated as separate documents by the court, and as such particular care should be exercised with copies.”
So consider whether there could be any such documents which will not be covered under such privilege and which you should be allowed to see now.
Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.