Litigation Notes

Master finds privilege does not apply to documents held in solicitors' client files due to the fraud exception

Article published - Legal advice privilege: a dominant purpose test, but to what end?

The Court of Appeal's recent decision in The Civil Aviation Authority v The Queen on the application of Jet2.com Ltd [2020] EWCA Civ 35 found that legal …

Court of Appeal finds regulator cannot demand production of client's privileged documents unless statute overrides privilege

In a judgment handed down this morning, the Court of Appeal has held that an audit client was not required to hand over its privileged documents in …

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Court of Appeal confirms instructions to law firm relating to escrow monies were privileged

The Court of Appeal has upheld a High Court decision which rejected an application for disclosure of documents containing a client's instructions to its …

Court of Appeal finds legal advice privilege is subject to a "dominant purpose" test

In a decision handed down earlier this week, the Court of Appeal has found that legal advice privilege (LAP) is subject to a "dominant purpose" test, ie …

No collateral waiver where party relied on the effect of legal advice rather than its content