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Howes v Hinckley & Bosworth Borough Council - when disclosure of documents is sought, an employment tribunal must first consider whether they are even relevant, and only then whether they are subject to privilege [2008] EAT

Mrs Howes brought an employment tribunal claim against her employer, the Council. She sought disclosure of legal advice that the Council had obtained from an external solicitor, Mr Munro. She argued that Mr Munro gave his advice as an employment consultant, not in his capacity as a solicitor. She argued that since it was to help resolve a grievance rather than in contemplation of litigation, that advice should not be protected by privilege. The employment tribunal disagreed, and ruled that the advice should not be disclosed. Mrs Howes appealed.

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