Litigation Notes

Our new Commercial Litigation Podcast Series

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

High Court finds privilege not lost despite document being referred to in open court

Court of Appeal rejects claim to without prejudice or litigation privilege in communications incorporated into settlement agreement

The Court of Appeal has held that the claimant was not entitled to withhold from inspection communications that had been incorporated into a settlement …

Court of Appeal holds advice on dismissal for redundancy not a “cloak” for dismissal on basis of discrimination

The Court of Appeal has held that an email containing advice from an in-house lawyer on redundancy was not, as the EAT had found, a cloak for dismissal …

Court of Appeal confirms "once privileged, always privileged" unless privilege is waived - even if there is no longer anyone who can assert the privilege

The Court of Appeal has confirmed that the documents of a dissolved company remain privileged, regardless of whether there is anyone who can assert the …

High Court finds impliedly "without prejudice" correspondence admissible on questions of costs

In a recent decision, the High Court has distinguished between correspondence which is expressly stated to be "without prejudice" and that which is only …

Privilege: a reminder of the dangers of cherry picking

Launch of Asia Pacific Guide to Privilege 2019, including England and Wales chapter

Our Asia Pacific Guide to Privilege has recently been launched, including a new chapter on England and Wales and a question added to each of the other …

Article published - Anomalies in the English law of privilege: a triumph of form over substance

Legal professional privilege is recognised as a fundamental human right, which serves an important public interest in allowing parties to take legal …