Litigation Notes

Litigation funding and privilege: High Court finds litigation privilege does not apply to communications prepared to enable funders to assess whether to support a claim

Handy client guide to privilege – newly updated

Upper Tribunal finds privilege applied to whether Boris Johnson sought legal advice on the lawfulness of the Covid-19 lockdown

High Court finds legal advice privilege is not limited to lawyer/client communications but extends to "intra-client" communications

US courts find privilege applies to use of public AI tools by self-represented litigants

Litigation developments: England and Wales – Quarterly update

France introduces confidentiality protection for legal opinions prepared by in-house lawyers

The move is a significant shift in the country's legal landscape.

High Court finds company could not assert privilege against former director over legal advice she had seen at the time

Upper Tribunal observes that uploading confidential documents into open-source AI tools waives client confidentiality and legal privilege

New York court finds client chats with generative AI tool Claude are not privileged

The decision contains important lessons, but the analysis may not be identical under English law.

Navigating legal privilege issues when using AI

Litigation developments: England and Wales – Quarterly update