Litigation Notes

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 …

Commercial litigation podcast series – Episode 17: General update

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 …

High Court finds reference to legal advice in witness statement engaged cherry-picking rule

The High Court has held that there was a collateral waiver of privilege where a claimant referred to the time taken by his solicitors in progressing his …

High Court finds iniquity exception to privilege applies

Commercial litigation podcast series – Episode 16: General update

Court of Appeal confirms identity of those instructing lawyers not generally protected by litigation privilege

No privilege for original version of document simply because comparison to final version would reveal legal advice

Commercial litigation podcast series – Episode 15: General update

High Court refuses injunction to prevent use of privileged material disclosed in error, where it revealed potential serious breach of court guidance