Wylie v Wylie, 1967 SLT Notes 9
Citation: Wylie v Wylie, 1967 SLT Notes 9
Link to case on WorldLII (reference).
Rule of thumb: Can letters sent during a legal process be lodged as evidence? Yes, but once this is done it has consequences, as all letters & legal advice in the file can be requested as relevant evidence so that it can all be seen in context.
Judgment:
Disclosing any legal documentation has consequences for a principal. Where a client discloses one letter from a lawyer, then all letters on the file related to that must be disclosed, ‘It would, in my opinion, be contrary to all ordinary conceptions of fairness that the pursuer should be entitled to support his case by reference to one letter passing between himself and his solicitor, while, at the same time, pleading confidentiality of other letters passing between him and his solicitor about the same time and dealing with questions at issue in this action’, Lord Fraser at 9
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.