Litigation Notes
Tag: waiver
Showing 45 out of 45 results
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 …