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High Court restrains use of privileged documents disclosed by solicitor in breach of confidence
The High Court has held that a party retained the benefit of legal advice privilege in information provided to her solicitor which the …
"Opening shot" protected by without prejudice privilege
The High Court has held that a draft Complaint in New York proceedings sent to the other party marked as a "preliminary draft" and "for settlement …
Court of Appeal decision underlines need for clear evidence of dominant purpose in maintaining claim to litigation privilege
The Court of Appeal has upheld a decision rejecting a claim to litigation privilege for reports obtained by liquidators, as the liquidators had failed to …
Commercial Court rejects claim to litigation privilege
In the latest decision illustrating the court's strict approach when applying the test for litigation privilege, the Commercial Court …
Court may order disclosure of solicitor's attendance notes recording retiring expert's opinions where very strong appearance of "expert shopping"
In a recent decision the High Court granted the claimants permission to call evidence from a fresh expert on condition that they disclose any reports and …
High Court applies English law to questions of privilege in applications under Insolvency Act 1986
In the context of joint liquidators' applications for documents "belonging to" the company or "relating to" its affairs (under sections 324 and 326 …
High Court decision underlines strict dominant purpose test for litigation privilege
A recent High Court decision demonstrates the court's strict approach in analysing the purpose for which a report was prepared in order to determine …
Report recommends greater clarity on Parliamentary committee procedures and powers
Parliamentary committees have wide-ranging powers to compel the attendance of witnesses and the production of documents. These powers can, in theory, …
Australian decision confirms privilege for in-house lawyers admitted outside Australia
A recent decision of the Supreme Court of Queensland confirms that legal professional privilege applies to advice given by in-house lawyers who are …
UK Supreme Court refuses to extend privilege to accountants
The Supreme Court confirmed today that legal advice privilege ("LAP") cannot be claimed in respect of confidential communications between accountants and …
Reliance on term of "without prejudice" offer waived privilege in rest of offer
In considering costs issues following judgment in a complex patent action, the High Court had to determine whether it was appropriate for …
Supreme Court hearing in Prudential starts today
The Supreme Court is set to hear Prudential's appeal against the Court of Appeal's much-publicised decision from October 2010 which …
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