Revised Laws of Saint Lucia (2021)

104.   Privilege in respect of legal advice and litigation, etc.

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    (1)   Where the court finds that the adducing of evidence would involve the disclosure of—

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      (a)     a confidential communication made between—

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        (i)     a client and his or her attorney-at-law,

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        (ii)     two or more attorneys-at-law for a client, or

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        (iii)     employees or agents of attorneys-at-law for the client; or

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      (b)     the contents of a confidential document, whether delivered or not, that was prepared by the client or his or her attorney-at-law,

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    for the dominant purpose of the attorney-at-law, or of one of the attorneys-at-law, providing legal advice to the client, the court shall direct that the evidence not be adduced.

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    (2)   Where the court finds that the adducing of evidence would result in the disclosure of—

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      (a)     a confidential communication between—

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        (i)     two or more of the persons mentioned in subsection (1),

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        (ii)     a person referred to in subsection (1) and some other person, or

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        (iii)     the employees or agents of a client; or

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      (b)     the contents of a confidential document, whether delivered or not, that was prepared by a client or his or her attorney-at-law; that was made or prepared for the dominant purpose of providing or receiving professional legal services in relation to proceedings, or an anticipated or pending proceedings, in which the client is or may be or was a party, the court shall direct that the evidence not be adduced.

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    (3)   Where the court finds that the adducing of evidence will involve the disclosure of—

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      (a)     a confidential communication made between a party who is not represented and some other person; or

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      (b)     the contents of a confidential document, whether delivered or not, that has been prepared by a party or at the direction or request of the party,

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    for the dominant purpose of preparing for or conducting the proceedings, the court shall direct that the evidence not be adduced.