Litigation Notes

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 …

Privilege not lost despite opponent having wholesale access to email accounts containing the privileged material

Court of Appeal finds evidence should not have been excluded even if it was obtained by hacking

The Court of Appeal has dismissed an appeal against a judge's decision upholding a claim where the claimant had relied on evidence obtained through …

High Court allows non-party access to witness statements referred to at hearing relating to proposed scheme of arrangement

A recent decision illustrates the court's approach to providing non-party access to documents referred to at a public hearing, in the context of a …

High Court interprets Supreme Court guidance and refuses further provision of trial documents to non-party

This case marks the latest instalment in the Dring litigation, in which the Asbestos Victims Support Groups Forum UK (“the Forum”) is seeking access to …

Court of Appeal refuses injunction against defendant's solicitors who received claimant's confidential information when acting for previous opponent

The Court of Appeal has upheld a decision refusing to grant an injunction to restrain a firm of solicitors acting for a defendant in circumstances where …

Morrisons wins Supreme Court appeal against finding of vicarious liability in data breach class action

Today the Supreme Court handed down its decision in Wm Morrisons Supermarkets Plc v Various Claimants [2020] UKSC 12, bringing to its conclusion a case …

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 overturns order permitting use of covert recordings to support claims in civil litigation before breach of confidence claim determined

A recent Court of Appeal decision illustrates the court's approach to the protection of confidential information, emphasising that the question of a …

Supreme Court clarifies broad scope of court’s discretion to grant non-party access to court documents

Court of Appeal upholds disclosure order despite risk of prosecution in Iran

High Court refuses permission for collateral use of disclosed documents and witness statements to respond to US grand jury subpoena

In a decision illustrating the court's strict approach to the rule prohibiting the use of disclosed documents and witness statements for a collateral …