Is communication between opposing solicitors privileged?

[Balood31]

Hi

Just wondering, if there are three parties in a case, Plaintiff, Defendant A and Defendant B, Can Defendant B ask for disclosure of communication between the solicitor for the plaintiff and the solicitor for Defendant A or is it privileged in anyway? The concern I have is that the plaintiff and defendant A are manipulating the matter to control the case to their advantage.

Thanks for any advice.

[atticus]

I am not aware of any ground of privilege that can be claimed for that correspondence. Has privilege been claimed?

[Balood31]

No, as I believe the plaintiff and First Named Defendant which to settle as as it is convenient for them but I don't as I have different motivations.

[atticus]

"without prejudice" communications may be privileged.

[Balood31]

yea I get your point but I am not looking for evidence of admission but evidence that the plaintiff is making a disingenuous application to the court to discontinue the case against me because I have no money to pay damages or costs if they win. I have a reasonable belief that the real reason is that they have agreed a settlement with the first named defendant and I am blocking this by wanting a hearing. I know it is very very unusual for a defendant to oppose a discontinuance but my goal is to either prove or get the plaintiff to admit their many many dishonest statements.

I know from the reaction of the Master that he did not expect me to oppose the discontinuance. As I cannot find any precedents I have decided to attempt to make out that if the Court allows the discontinuance, it will be breaching my rights under Article 8 ECHR, as it will prevent me from recovering from the damage done to my family life by the plaintiff's many false statements.

[atticus]

Have you made a counterclaim for damages? A counterclaim will survive the claimant's discontinuance of his claim.

[Balood31]

Have you made a counterclaim for damages? A counterclaim will survive the claimant's discontinuance of his claim.

I did have one but withdrew it as it was delaying the main case. It was not a strong case anyway. I was countersuing for malicious civil prosecution but as it was a fairly new tort I was not sure my case was valid.