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Iniquity exception to privilege requires prima facie case of fraud or crime – breach of a fundamental human right is not sufficient
In a recent decision, the High Court declined to disapply legal professional privilege over documents alleged to reveal a breach of fundamental human …
Costs judge finds information from mediation is admissible when considering costs consequences of settlement
A costs judge has held that information about a party's costs provided for the purposes of a mediation could be used as evidence when considering the …
No appeal against controversial decision in RBS case applying narrow interpretation of “client” for purposes of legal advice privilege
In a widely publicised decision last December arising out of the RBS Rights Issue Litigation (reported here), the High Court found that interviews …
High Court applies narrow interpretation of “client” for purposes of legal advice privilege
In a decision handed down today, the High Court has applied the much-criticised Court of Appeal decision in Three Rivers No 5 to find that interviews …
Court of Appeal finds trustees in bankruptcy could not waive bankrupt's privilege
In a recent judgment, the Court of Appeal has held that trustees in bankruptcy could not waive legal professional privilege of a bankrupt, even though …
Two High Court decisions illustrate broad application of without prejudice protection
In two recent cases, the courts have rejected attempts to introduce evidence of without prejudice (WP) communications. The decisions emphasise the …
Court of Appeal finds settlement offer not subject to "without prejudice" protection as it amounted to an unambiguously improper threat
The Court of Appeal has recently considered the rarely invoked "unambiguous impropriety" exception to without prejudice ("WP") privilege: Ferster v …
Article published on common interest privilege
Common interest privilege allows communications or documents that are already privileged to be shared with others who have a common interest in their …
A reminder: relying on privileged material may lead to a wider loss of privilege than you would like
A recent High Court decision acts as a reminder of the dangers that may lie in store for a party to litigation who refers to or relies on …
Court of Appeal decision endorses broad view of without prejudice protection
The Court of Appeal has held that discussions between a defendant's solicitor and a claimant litigant in person were or ought to have been seen …
Herbert Smith Freehills Singapore hosts round table discussion on “Preserving privilege: practical issues in the context of disputes and investigations”
On Wednesday 13 January 2016, a cross section of our clients based in Singapore joined our Disputes and Corporate Crime & Investigations teams and …
No litigation privilege where witnesses were deceived as to true purpose of meetings
The High Court has rejected a claimant's claim to assert litigation privilege over secret recordings of meetings with …
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