Litigation Notes
Tag: legal advice privilege
Showing 36 out of 45 results
Court of Appeal decision in ENRC: orthodoxy restored on litigation privilege, but narrow interpretation of "client" remains for now
The Court of Appeal has today handed down its eagerly awaited decision in the ENRC appeal: The Director of the Serious Fraud Office v Eurasian …
A reminder that inadvertent disclosure of privileged material will not engage the cherry picking rule
The Administrative Court has held that a defendant did not lose privilege in unredacted passages of documents that had been provided for inspection, as …
Court of Appeal finds that factual information received by solicitor in course of acting for client was not privileged
In a recent decision, the Court of Appeal held that a solicitor could not object on grounds of privilege to giving evidence, where the questions related …
High Court finds privilege applies to documents from which the substance of legal advice can be inferred
In a recent decision, the High Court has considered the question of when a document will be privileged on the basis that it "evidences" a privileged …
High Court decision takes restrictive approach to both litigation privilege and legal advice privilege
A High Court decision earlier this week has applied a strict approach to litigation privilege in the context of criminal proceedings, finding that …
No appeal against controversial decision in RBS case applying narrow interpretation of “client” for purposes of legal advice privilege
In a widely publicised decision last December arising out of the RBS Rights Issue Litigation (reported here), the High Court found that interviews …
High Court applies narrow interpretation of “client” for purposes of legal advice privilege
In a decision handed down today, the High Court has applied the much-criticised Court of Appeal decision in Three Rivers No 5 to find that interviews …
Article published on common interest privilege
Common interest privilege allows communications or documents that are already privileged to be shared with others who have a common interest in their …
High Court confirms legal advice privilege can include lawyer's summary of facts
In a decision handed down earlier today, the High Court has upheld RBS's claim to privilege over certain documents which the bank had been ordered to …
Article published on maximising privilege protection for internal investigations under US and English law
When a company conducts an internal investigation in respect of a potential regulatory issue, it will wish to maximise the extent to which …
Hong Kong Court of Appeal rejects narrow interpretation of “client” and adopts broader test for legal advice privilege
In a decision handed down yesterday, the Hong Kong Court of Appeal (HKCA) has rejected the narrow view adopted by the first instance court as to who …
Important High Court decision on waiver of privilege and without prejudice protection
In a decision earlier this week, the High Court held that a defendant bank had waived both legal professional privilege and without prejudice protection …
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