Banking Litigation Notes

High Court finds companies can assert privilege against their shareholders

Company not ordered to disclose privileged documents to shareholders in context of late application in securities class action

Court of Appeal confirms identity of those instructing lawyers not generally protected by litigation privilege

Bank's privilege not lost despite opponent obtaining copies of documents in foreign proceedings

BANKING LITIGATION PODCAST EPISODE 31: SPECIAL EDITION – PRIVILEGE

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

Privilege in the context of regulatory investigations: latest guidance from the High Court

High Court takes expansive view of when reference to legal advice may result in broader waiver

The High Court has held that a bank waived privilege in all contemporaneous communications with its lawyers relating to particular transactions that were …

Impact of Court of Appeal's privilege decision in Sports Direct v FRC for the financial services sector

Court of Appeal decision in ENRC: orthodoxy restored on litigation privilege, but narrow interpretation of “client” remains for now

The Court of Appeal has today handed down its eagerly awaited decision in the ENRC appeal: The Director of the Serious Fraud Office v Eurasian …

High Court decision supports orthodox view of litigation privilege

The High Court has found that documents prepared by the defendant in the course of an investigation into allegations by HMRC were protected by litigation …

The price of changing experts: disclosure of privileged report

In a recent decision, the Technology and Construction Court granted defendants permission to adduce expert opinion evidence from a second expert, after …