A person claiming legal professional privilege over documents produced on subpoena cannot sustain the claim by adducing no testimonial evidence and merely asking the court to inspect the documents. The court's power to inspect documents under UCPR r 1.9(5)(c) exists to enable scrutiny of a privilege claim, not to enable the claimant to prove it. Privilege objections should be taken at the first stage of the Waind & Hill procedure, before documents are produced to the court. Where a trustee claims personal privilege over documents held by the trust's solicitors, the trustee must establish by admissible evidence not only that the documents are privileged but that the privilege is personal and not that of the trust.
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