Litigation Notes
Tag: waiver
Showing 36 out of 45 results
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 …
Reliance on an absence of legal advice may waive privilege
The First Tier Tribunal (Tax Chamber) has held that a party waived privilege in certain communications with its lawyers by relying on the absence of …
High Court decision illustrates limits of the cherry-picking rule
The High Court has concluded that, where a claimant waived privilege in certain emails to rebut a suggestion of recent fabrication, only a small number …
Court of Appeal prevents use of privileged document disclosed in error where mistake obvious to second more senior solicitor
The Court of Appeal has added what it has termed "a modest gloss" to the principles on when the court will restrain use of a privileged document …
Employee could not assert privilege against employer over documents on employer's IT system
The High Court has found that a company's Group Finance Director could not assert privilege against the company in respect of documents he had created …
Court of Appeal finds trustees in bankruptcy could not waive bankrupt's privilege
In a recent judgment, the Court of Appeal has held that trustees in bankruptcy could not waive legal professional privilege of a bankrupt, even though …
A reminder: relying on privileged material may lead to a wider loss of privilege than you would like
A recent High Court decision acts as a reminder of the dangers that may lie in store for a party to litigation who refers to or relies on …
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 …
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 …
Establishing "good reason" for breach of order following change of solicitors may require waiver of privilege
The High Court has extended a witness statement deadline, where a party was in breach of the previous timetable, but refused to vacate …
Article published on loss or waiver of privilege
It sometimes happens that a privileged document ends up in the hands of an opponent or third party, either as a result of inadvertent disclosure in …
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) …
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