FAQ 49

Q49. My instructing solicitors have passed to me a document which they have received anonymously. It appears to belong to the other side and to be privileged.

a) What should I do?

b) What should I do if I have already read the document before realising that there was a problem and if it is very helpful to my client?

c) What if the case begins tomorrow and it will be impossible for anybody else to prepare in time?

A49.(a)The guidance for this is in the Written Standards in Part 3 of the Code at paragraph 7. You should not read the document and return the document to the other side.

(b) Again you should return it and withdraw from the case.

(c) Stay in the case and inform your opponent that you have the document and intend to use it. Let the other side decide whether to make any application to the court.