Litigation Notes

Upper Tribunal observes that uploading confidential documents into open-source AI tools waives client confidentiality and legal privilege

New York court finds client chats with generative AI tool Claude are not privileged

The decision contains important lessons, but the analysis may not be identical under English law.

Navigating legal privilege issues when using AI

Litigation developments: England and Wales – Quarterly update

Privy Council abrogates so-called "Shareholder Rule" under English law: companies can assert privilege against their shareholders

High Court finds iniquity exception to privilege applied, but not on a blanket basis

The decision suggests that, even where a transaction is contaminated by multiple iniquities, each document must be reviewed to ascertain whether it is …

High Court grants permission to rely on inadvertently disclosed privileged documents where the mistake was not obvious

Without prejudice privilege rejected for survey reports commissioned unilaterally to assist with prospective negotiations

High Court dismisses late application for disclosure of transcripts of audio files despite rejecting claim for litigation privilege

High Court rejects without prejudice privilege for audit report produced for purpose of settlement negotiations

Litigation privilege: High Court finds privilege applies to valuation report prepared for potential company sale

Litigation privilege: High Court takes realistic approach in finding privilege applied to witness interviews conducted by administrators