Litigation Notes

High Court finds identity of those giving instructions to lawyers not protected by litigation privilege

In a recent decision, the High Court has held that a claimant could not claim litigation privilege in respect of the identities of the individuals giving …

Privilege not lost despite opponent obtaining copies of documents in foreign proceedings

The High Court has held that a defendant was entitled to maintain privilege over certain documents even though the claimants had obtained copies of the …

High Court finds no litigation privilege where expert instructed to try to find backing for potential counterclaim

Iniquity exception to privilege does not apply just because defendant to fraud claim lies to their solicitors and the court

A recent High Court decision acts as a reminder that parties will not necessarily be prevented from maintaining privilege in all cases where it is found …

High Court confirms need for clear indication if shifting from "without prejudice" to "open" communications

The High Court has held that the protection attached to a chain of emails marked "without prejudice" extended to a subsequent email even though it was …

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High Court orders disclosure of lawyer's attendance note alluded to in claimant's witness statement

High Court finds accountants’ investigation report not protected by litigation privilege and considers requirements for obtaining disclosure under the Disclosure Pilot

The High Court has granted an application by a claimant state for orders that the defendant bank disclose an accounting firm’s investigation report (and …

Privilege not lost despite opponent having wholesale access to email accounts containing the privileged material

Court of Appeal confirms one joint privilege holder could not prevent disclosure of privileged material to assignee of other joint client

Court of Appeal confirms litigation privilege available even if third party misled as to purpose of information request

The Court of Appeal has upheld a decision that a pre-action letter sent by the claimant to a third party, and the third party’s response, were subject to …

High Court finds litigation privilege applies despite third party being deceived as to purpose of information request