“If a party chooses not to claim privilege but to waive it then the evidence does become admissible as was shown by McTaggart v. McTaggart [1949] P. 94 where Cohen, L.J. at page 96 said- “The privilege, if any, was the privilege of the parties and they, having given evidence on what was said at the interview, could not assert the privilege. The result is, none the less, unfortunate as the success of attempts at reconciliation might be prejudiced, if it became known that the probation officer could be called subsequently to give evidence…”
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