PART 4Resolution of disputes as to whether a document is subject to legal professional privilege

Finding of the tribunal13

1

When an application is made under regulation 10(5)(b) or 11(4), the tribunal must—

a

resolve the dispute by confirming whether and to what extent the document is or is not privileged; and

b

direct which part or parts of a document (if any) must be disclosed.

2

The tribunal must ensure that any document in dispute is not inappropriately disclosed to any person pending the tribunal’s determination.