Litigation Notes

Litigation privilege: High Court takes realistic approach in finding privilege applied to witness interviews conducted by administrators

High Court finds companies can assert privilege against their shareholders

The without prejudice rule: High Court finds there is no separate "mediation privilege"

The decision also proposes modest expansions to two key exceptions to the without prejudice rule

Legal professional privilege: High Court finds no privilege in identity of third party that provided lawyers with document for purpose of litigation

Privilege: Not an absolute right under the Freedom of Information Act

First-Tier Tribunal decision shows privilege is not ordinarily a basis for withholding information requested by the Information Commissioner as part of …

Experts' joint statements: the consequences of parties interfering in the process

Without prejudice rule: High Court considers the estoppel exception

Commercial litigation podcast series – Episode 24: General update

Collateral waiver of privilege: High Court finds disclosure of chronology prepared by lawyer results in broader waiver

The High Court has held that a claimant's waiver of privilege over a chronology prepared by his lawyer resulted in a collateral waiver of privilege in an …

Commercial litigation podcast series – Episode 23: General update

Without prejudice rule: High Court emphasises narrow scope of exceptions

Court of Appeal decision on litigation privilege for non-parties, legal advice privilege for investigations, and the iniquity exception