Litigation Notes

Commercial litigation podcast series – Episode 31: General update

High Court grants permission to rely on inadvertently disclosed privileged documents where the mistake was not obvious

Without prejudice privilege rejected for survey reports commissioned unilaterally to assist with prospective negotiations

Commercial litigation podcast series – Episode 30: General update

High Court dismisses late application for disclosure of transcripts of audio files despite rejecting claim for litigation privilege

High Court rejects without prejudice privilege for audit report produced for purpose of settlement negotiations

Litigation privilege: High Court finds privilege applies to valuation report prepared for potential company sale

Litigation privilege: High Court takes realistic approach in finding privilege applied to witness interviews conducted by administrators

High Court finds companies can assert privilege against their shareholders

The without prejudice rule: High Court finds there is no separate "mediation privilege"

The decision also proposes modest expansions to two key exceptions to the without prejudice rule

Legal professional privilege: High Court finds no privilege in identity of third party that provided lawyers with document for purpose of litigation

Privilege: Not an absolute right under the Freedom of Information Act

First-Tier Tribunal decision shows privilege is not ordinarily a basis for withholding information requested by the Information Commissioner as part of …