Litigation Notes

Commercial litigation podcast series – Episode 17: General update

High Court decision shows need for clear evidence if trying to prevent use of privileged material disclosed in error

In a recent decision, the High Court has refused an injunction to prevent the claimants' use of privileged material which the defendants claimed to have …

High Court finds reference to legal advice in witness statement engaged cherry-picking rule

The High Court has held that there was a collateral waiver of privilege where a claimant referred to the time taken by his solicitors in progressing his …

High Court finds iniquity exception to privilege applies

Commercial litigation podcast series – Episode 16: General update

Court of Appeal confirms identity of those instructing lawyers not generally protected by litigation privilege

No privilege for original version of document simply because comparison to final version would reveal legal advice

Commercial litigation podcast series – Episode 15: General update

High Court refuses injunction to prevent use of privileged material disclosed in error, where it revealed potential serious breach of court guidance

Court of Appeal considers iniquity exception to privilege

Competition Appeal Tribunal considers when there is a dispute sufficient to give rise to without prejudice privilege

High Court finds identity of those giving instructions to lawyers not protected by litigation privilege

In a recent decision, the High Court has held that a claimant could not claim litigation privilege in respect of the identities of the individuals giving …