BHCitations sources and disseminates articles and papers that raise awareness of the lessons learned from previous failures and the forensic techniques used to investigate them.
January issue: Legal Privilege
In our first BHCitation of the New Year, Philippa Murphy and Andrew Emmerson from law firm Baker & McKenzie in Melbourne discuss legal privilege, which they broadly define as a fundamental legal right which allows a party to confidentially investigate an incident, and to resist the production of expert reports and confidential communications to another party in the course of litigation.
From a structural engineering perspective, legal privilege considerations not only affect infrastructure owners, but also have an impact on how engineers are engaged to investigate failures. This article provides a concise discussion of some of the key aspects of legal privilege and highlights a recent Supreme Court of Victoria case where expert reports were deemed not to be protected by privilege.
This article was first published in Engineers Australia magazine in November 2011 and is reproduced with kind permission from Engineers Media.
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