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

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

Privy Council abrogates so-called "Shareholder Rule" under English law: companies can assert privilege against their shareholders

Commercial litigation podcast series – Episode 23: General update

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

Commercial litigation podcast series – Episode 19: General update

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

Employment Appeal Tribunal considers when privilege applies to communications via an agent and to documents evidencing legal advice

A recent Employment Appeal Tribunal decision contains an interesting discussion of some difficult issues relating to legal professional privilege: Moving …

Commercial litigation podcast series – Episode 16: General update

High Court rejects claim to litigation privilege in advice from accountants on tax structure

In a recent decision, the High Court has held that advice from accountants on a proposed new tax structure was not prepared for the dominant purpose of …

Commercial litigation podcast series – Episode 4: General update

High Court finds no need to enquire into qualifications of foreign lawyer in applying English law privilege