Litigation Notes

High Court refuses injunction to prevent use of privileged material disclosed in error, where it revealed potential serious breach of court guidance

High Court finds identity of those giving instructions to lawyers not protected by litigation privilege

In a recent decision, the High Court has held that a claimant could not claim litigation privilege in respect of the identities of the individuals giving …

High Court finds no litigation privilege where expert instructed to try to find backing for potential counterclaim

High Court finds accountants’ investigation report not protected by litigation privilege and considers requirements for obtaining disclosure under the Disclosure Pilot

The High Court has granted an application by a claimant state for orders that the defendant bank disclose an accounting firm’s investigation report (and …

High Court finds litigation privilege applies despite third party being deceived as to purpose of information request

Court of Appeal finds one defendant cannot claim litigation privilege over text messages, despite accepting other defendants can do so

High Court finds privilege not waived in expert report referred to in context of security for costs application

In a recent decision, the High Court found that the claimant's reference to an expert's preliminary report in the context of a security for costs …

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Court of Appeal rejects claim to without prejudice or litigation privilege in communications incorporated into settlement agreement

The Court of Appeal has held that the claimant was not entitled to withhold from inspection communications that had been incorporated into a settlement …

Court of Appeal finds litigation privilege is restricted to the purpose of obtaining advice or information, not the conduct of litigation more broadly

The Court of Appeal has held that emails between a company's Board members which had been prepared to discuss a commercial proposal for the settlement of …

Litigation privilege: High Court decision shows continued need to beware of dual purpose

The High Court has found that correspondence with experts was not subject to litigation privilege as it was prepared for two purposes, only one of which …

Article published - ENRC privilege decision: welcome news but difficulties remain

The Court of Appeal's recent decision in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2018] EWCA Civ …