Litigation Notes

Without prejudice rule: High Court considers the estoppel exception

Collateral waiver of privilege: High Court finds disclosure of chronology prepared by lawyer results in broader waiver

The High Court has held that a claimant's waiver of privilege over a chronology prepared by his lawyer resulted in a collateral waiver of privilege in an …

Without prejudice rule: High Court emphasises narrow scope of exceptions

Court of Appeal decision on litigation privilege for non-parties, legal advice privilege for investigations, and the iniquity exception

Company not ordered to disclose privileged documents to shareholders in context of late application in securities class action

Redactions for privilege, irrelevance and public interest immunity, and waiver of privilege: High Court provides guidance

Correspondence about possibility of ADR was not "without prejudice" despite being marked as such

Privilege not lost where email containing legal advice found on employee's work laptop

Litigation privilege not restricted to parties to litigation, and other helpful points regarding privilege

Employment Appeal Tribunal considers when privilege applies to communications via an agent and to documents evidencing legal advice

A recent Employment Appeal Tribunal decision contains an interesting discussion of some difficult issues relating to legal professional privilege: Moving …

European Court expands scope of legal professional privilege under EU law

In a recent ruling on a preliminary reference, the Court of Justice of the EU (CJEU) clarified that legal professional privilege under EU law applies to …

High Court decision shows need for clear evidence if trying to prevent use of privileged material disclosed in error

In a recent decision, the High Court has refused an injunction to prevent the claimants' use of privileged material which the defendants claimed to have …