Litigation Notes
Tag: litigation privilege
Showing 36 out of 39 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 …
Two recent decisions consider application of principle of limited waiver of privilege
In two recent decisions, the High Court has considered the extent to which a party can provide privileged documents to a third party for a particular …
Commercial Court finds non-party not entitled to assert litigation privilege
The Commercial Court has held that a non-party who controlled litigation was not entitled to assert litigation privilege against the party it was …
High Court decision supports orthodox view of litigation privilege
The High Court has found that documents prepared by the defendant in the course of an investigation into allegations by HMRC were protected by litigation …
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 …
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 …
No litigation privilege where witnesses were deceived as to true purpose of meetings
The High Court has rejected a claimant's claim to assert litigation privilege over secret recordings of meetings with …
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 …
High Court applies fraud/iniquity exception to displace litigation privilege
The High Court has held that certain communications between a client and lawyers during the course of proceedings were not protected by litigation …
Article published on strict test for litigation privilege
To gain the protection of litigation privilege, a party must establish that when a document was created: (i) litigation was in reasonable prospect; and …
Court of Appeal finds waiver where privileged document provided for inspection and mistake not obvious
The Court of Appeal has granted claimants permission to use privileged documents which had been disclosed inadvertently by the defendant (the SFO) …
Court of Appeal decision underlines need for clear evidence of dominant purpose in maintaining claim to litigation privilege
The Court of Appeal has upheld a decision rejecting a claim to litigation privilege for reports obtained by liquidators, as the liquidators had failed to …
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