Litigation Notes

High Court decision underlines need for investor-appointed directors to think carefully before disclosing the company's privileged material

Collateral waiver of privilege: High Court finds disclosure of chronology prepared by lawyer results in broader waiver

The High Court has held that a claimant's waiver of privilege over a chronology prepared by his lawyer resulted in a collateral waiver of privilege in an …

Redactions for privilege, irrelevance and public interest immunity, and waiver of privilege: High Court provides guidance

Privilege not lost where email containing legal advice found on employee's work laptop

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 reference to legal advice in witness statement engaged cherry-picking rule

The High Court has held that there was a collateral waiver of privilege where a claimant referred to the time taken by his solicitors in progressing his …

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

High Court orders disclosure of lawyer's attendance note alluded to in claimant's witness statement

High Court concludes no waiver of privilege resulted from negative assertions relating to legal advice

The High Court has held that a party who stated in documentation before the court that a particular issue had not been discussed with its lawyers, in …

Commercial litigation podcast series – Episode 3: General update

High Court takes expansive view of when reference to legal advice may result in broader waiver