Anyone can provide legal advice in respect of contracts or claims in the UK; with no requirement of professional legal membership. The growth in construction adjudication has widened the claims advice market, with claims consultancies willing to be a primary provider of adjudication advice and representation. However, this raises issues consultancies and their professional indemnity insurers should be aware of.
A recent case in the Technology & Construction Court, Walter Lilly & Co Ltd v Mackay, considered whether documents generated by or for a claims consultant, even one that retains legally qualified personnel, attract legal professional privilege.
To view a full PDF of this article, please click here.