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Showing 144 out of 189 results
Hong Kong Court of Appeal rejects narrow interpretation of “client” and adopts broader test for legal advice privilege
In a decision handed down yesterday, the Hong Kong Court of Appeal (HKCA) has rejected the narrow view adopted by the first instance court as to who …
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 …
Fraud/iniquity exception applied to displace privilege where evidence of transaction defrauding creditors
In a recent decision, the High Court held that legal advice taken in relation to certain transactions was not protected by privilege, as there was …
Court of Appeal explores ambit of the without prejudice rule
The Court of Appeal has recently held that certain correspondence marked "without prejudice" was admissible in evidence despite this label, because there …
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 …
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) …
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 …
"Opening shot" protected by without prejudice privilege
The High Court has held that a draft Complaint in New York proceedings sent to the other party marked as a "preliminary draft" and "for settlement …
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 …
Showing 144 out of 189 results
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