Litigation Notes

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

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

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

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 …

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 …