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Showing 9 out of 9 results
Court of Appeal explores ambit of the without prejudice rule
The Court of Appeal has recently held that certain correspondence marked "without prejudice" was admissible in evidence despite this label, because there …
Article published on loss or waiver of privilege
It sometimes happens that a privileged document ends up in the hands of an opponent or third party, either as a result of inadvertent disclosure in …
High Court applies fraud/iniquity exception to displace litigation privilege
The High Court has held that certain communications between a client and lawyers during the course of proceedings were not protected by litigation …
Article published on strict test for litigation privilege
To gain the protection of litigation privilege, a party must establish that when a document was created: (i) litigation was in reasonable prospect; and …
Court of Appeal finds waiver where privileged document provided for inspection and mistake not obvious
The Court of Appeal has granted claimants permission to use privileged documents which had been disclosed inadvertently by the defendant (the SFO) …
High Court restrains use of privileged documents disclosed by solicitor in breach of confidence
The High Court has held that a party retained the benefit of legal advice privilege in information provided to her solicitor which the …
"Opening shot" protected by without prejudice privilege
The High Court has held that a draft Complaint in New York proceedings sent to the other party marked as a "preliminary draft" and "for settlement …
Court of Appeal decision underlines need for clear evidence of dominant purpose in maintaining claim to litigation privilege
The Court of Appeal has upheld a decision rejecting a claim to litigation privilege for reports obtained by liquidators, as the liquidators had failed to …
Commercial Court rejects claim to litigation privilege
In the latest decision illustrating the court's strict approach when applying the test for litigation privilege, the Commercial Court …
Showing 9 out of 9 results
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