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Court can require disclosure of privileged report even where no change of expert
The High Court has considered whether a party should be ordered to disclose a privileged second report prepared by its expert, as a condition of being …
Waiver of privilege: deployment and cherry-picking
A recent tribunal decision has given a reminder of when a waiver of privilege will (or will not) extend further than a party intends: Fisher v …
Webinar alert - Thorny issues in the law of privilege: Practical tips for in-house lawyers
On Tuesday 26 June (12:45 to 1:45 UK time) Anna Pertoldi, Nikunj Kiri, Chris Parker, James Norris-Jones and Maura McIntosh will present a …
Disclosure of client contact details: conflicting approaches
The High Court has refused to order a firm of solicitors to disclose a client's contact details to assist in the enforcement of a committal order against …
New "Handy client guide to privilege" published
We have published a new client guide to legal professional privilege under English law, comprising: A decision tree: intended as a quick reference …
No legal advice privilege for claims consultants
The High Court has confirmed that communications between a party and his construction claims consultants (in relation to a claim for extensions of …
Application of litigation privilege to competition investigations
In a ruling last Tuesday, 20 March, the Competition Appeal Tribunal has held that notes of third party witness interviews conducted by a …
Litigation from a client's perspective: top tips from the advocacy unit
On 21 March Murray Rosen QC, head of Herbert Smith's Advocacy Unit, together with support lawyers Pamela Kiesselbach and David Phillips, presented a …
Hong Kong court applies narrow view of "client" for privilege purposes
The much discussed decision of the English Court of Appeal in Three Rivers District Council v Bank of England [2003] EWCA Civ 474 led to a risk that …
Waiver of privilege in draft expert report
The High Court has held that a defendant waived privilege in its draft expert report, since it had deployed significant parts of the report in a witness …
No injunction against expert who received party's privileged information
A recent High Court decision has re-emphasised the difficulty of challenging an opponent's expert on grounds of the expert's previous receipt of the …
Prudential appeal to be heard in November 2012
In April this year, Prudential was granted permission to appeal to the Supreme Court against the Court of Appeal’s decision confirming that legal …
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