Litigation Notes

Court of Appeal considers iniquity exception to privilege

Competition Appeal Tribunal considers when there is a dispute sufficient to give rise to without prejudice privilege

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 …

Commercial litigation podcast series – Episode 13: General update

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

Commercial litigation podcast series – Episode 12: General update

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 …

Commercial litigation podcast series – Episode 10: General update

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