A workers compensation insurer claiming by subrogation shares a sufficient common interest with the insured litigant to attract common interest privilege over confidential legal communications, even where the insurer's entitlement is contingent on the litigant's success and there is potential for future divergence of interests. A litigation funding agreement is not protected by legal professional privilege merely because it is confidential and relates to the provision of legal services; it must itself reveal legal strategy or constitute communications of a professional nature between lawyer and client. The line of first instance authority beginning with Re Global Medical Imaging Management Ltd does not establish any general principle that privilege attaches to litigation funding agreements.
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