Where an expert is initially engaged for operational purposes and subsequently re-engaged by a lawyer, the original operational purposes are not nullified by the re-engagement. The dominant purpose test requires the party claiming privilege to demonstrate that the privileged purpose was dominant among all purposes, determined objectively. Mere use of a solicitor's letter of engagement or labelling a document 'Privileged' will not affect the court's determination of the true purposes for which a communication was made.
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