Litigation Notes

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

Litigation privilege not restricted to parties to litigation, and other helpful points regarding privilege

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 iniquity exception to privilege applies

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

Commercial litigation podcast series – Episode 12: General update

Iniquity exception to privilege does not apply just because defendant to fraud claim lies to their solicitors and the court

A recent High Court decision acts as a reminder that parties will not necessarily be prevented from maintaining privilege in all cases where it is found …