Litigation Notes
Tag: waiver
Showing 46 out of 46 results
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) …
High Court restrains use of privileged documents disclosed by solicitor in breach of confidence
The High Court has held that a party retained the benefit of legal advice privilege in information provided to her solicitor which the …
High Court decision underlines strict dominant purpose test for litigation privilege
A recent High Court decision demonstrates the court's strict approach in analysing the purpose for which a report was prepared in order to determine …
Reliance on term of "without prejudice" offer waived privilege in rest of offer
In considering costs issues following judgment in a complex patent action, the High Court had to determine whether it was appropriate for …
Waiver of privilege: deployment and cherry-picking
A recent tribunal decision has given a reminder of when a waiver of privilege will (or will not) extend further than a party intends: Fisher v …
Waiver of privilege in draft expert report
The High Court has held that a defendant waived privilege in its draft expert report, since it had deployed significant parts of the report in a witness …
High Court restrained use of privileged documents disclosed inadvertently
The recent High Court decision in London Borough of Redbridge and another v Johnson [2011] EWHC 2861 (QB) is a reminder that where privileged …
Court of Appeal on limited waiver of privilege
The Court of Appeal has held that a claimant was entitled to assert privilege in a draft witness statement relating to separate litigation, despite …
Waiver of privilege to support merits at interlocutory stage means waiver of privilege at trial
A recent High Court decision confirms that where a party relies on the contents of privileged material to support its case on the merits at the …
Privilege update
The recent case of Tchenguiz v Imerman [2009] EWHC 2902 gives guidance on when lawyers' annotations (in particular highlighting or underlining on …