Litigation Notes

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 …

Experts' joint statements: the consequences of parties interfering in the process

Without prejudice rule: High Court considers the estoppel exception

Commercial litigation podcast series – Episode 24: General update

Collateral waiver of privilege: High Court finds disclosure of chronology prepared by lawyer results in broader waiver

The High Court has held that a claimant's waiver of privilege over a chronology prepared by his lawyer resulted in a collateral waiver of privilege in an …

Commercial litigation podcast series – Episode 23: General update

Without prejudice rule: High Court emphasises narrow scope of exceptions

Court of Appeal decision on litigation privilege for non-parties, legal advice privilege for investigations, and the iniquity exception

Company not ordered to disclose privileged documents to shareholders in context of late application in securities class action

Redactions for privilege, irrelevance and public interest immunity, and waiver of privilege: High Court provides guidance

Correspondence about possibility of ADR was not "without prejudice" despite being marked as such

Commercial litigation podcast series – Episode 19: General update