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High Court confirms legal advice privilege can include lawyer's summary of facts
In a decision handed down earlier today, the High Court has upheld RBS's claim to privilege over certain documents which the bank had been ordered to …
Article published on maximising privilege protection for internal investigations under US and English law
When a company conducts an internal investigation in respect of a potential regulatory issue, it will wish to maximise the extent to which …
Article published on legal advice privilege
A recent Hong Kong Court of Appeal judgment has rejected the narrow approach to legal advice privilege established by the English Court of Appeal in …
Hong Kong Court of Appeal rejects narrow interpretation of “client” and adopts broader test for legal advice privilege
In a decision handed down yesterday, the Hong Kong Court of Appeal (HKCA) has rejected the narrow view adopted by the first instance court as to who …
Important High Court decision on waiver of privilege and without prejudice protection
In a decision earlier this week, the High Court held that a defendant bank had waived both legal professional privilege and without prejudice protection …
Establishing "good reason" for breach of order following change of solicitors may require waiver of privilege
The High Court has extended a witness statement deadline, where a party was in breach of the previous timetable, but refused to vacate …
Fraud/iniquity exception applied to displace privilege where evidence of transaction defrauding creditors
In a recent decision, the High Court held that legal advice taken in relation to certain transactions was not protected by privilege, as there was …
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) …
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