Where an insurer appoints solicitors to defend the insured under a reservation of rights, both insurer and insured are clients of those solicitors and hold joint legal professional privilege over documents generated in the retainer. Joint privilege cannot be unilaterally waived by one party. Confidential information shared for the limited purpose of defending the insured's case cannot be used for an ulterior purpose such as prosecuting an indemnity claim or assisting a third party, and such use will be restrained as unconscientious. The holder of joint privilege need not demonstrate prejudice to preserve the privilege against unilateral waiver.
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