• Securing documents

    If we decide to secure the documents, we may ask you to seal them in a suitable container – for example, an envelope, box, locked filing cabinet or locked room, depending on the volume of documents.

    We sometimes use this approach before you have made a legal professional privilege claim, especially where a large volume of documents is to be inspected. In this case, we may arrange for:

    • a secure room at your business premises to be available for the duration of the access which can be sealed by our representative at the end of each day
    • the potentially relevant documents to be taken to the secure room where we can inspect the contents to determine their relevance.

    When we secure your documents in a container, we will:

    • not argue implied waiver because of our inspection
    • usually ask you to prepare a schedule of documents held in the container together with a description of each document.

    We may allow you to make photocopies of the documents under our supervision before the container is sealed.

    We may agree to use a container of a third party to hold the documents if privilege has been claimed and is in dispute. If we agree on a third party – for example, a firm of solicitors – we may obtain a written undertaking from the third party in relation to the safe keeping and return of the documents.

      Last modified: 26 Jul 2016QC 37592