Litigation Notes

Court of Appeal decision shows “unambiguous impropriety” exception to without prejudice rule will be applied only in clear cases

The Court of Appeal has held that the narrow “unambiguous impropriety” exception to without prejudice privilege, which permits courts to …

High Court concludes no waiver of privilege resulted from negative assertions relating to legal advice

The High Court has held that a party who stated in documentation before the court that a particular issue had not been discussed with its lawyers, in …

Iniquity exception to privilege applied where documents were created by solicitor in connection with breach of director’s duties

The High Court has granted an application for the production and disclosure of documents, previously withheld by the defendants during proceedings, on …

Court of Appeal finds one defendant cannot claim litigation privilege over text messages, despite accepting other defendants can do so

High Court rejects claim to litigation privilege in advice from accountants on tax structure

In a recent decision, the High Court has held that advice from accountants on a proposed new tax structure was not prepared for the dominant purpose of …

Commercial litigation podcast series – Episode 4: General update

High Court finds no need to enquire into qualifications of foreign lawyer in applying English law privilege

Commercial litigation podcast series – Episode 3: General update

High Court holds auditor must form its own view on client's claim to privilege when responding to its regulator’s notice to produce documents

The High Court has held that an auditor required to produce documents to its regulator, the Financial Reporting Council (“FRC”), must form …

High Court takes expansive view of when reference to legal advice may result in broader waiver

High Court finds “without prejudice” statements contained in mediation paper were admissible to defend against allegation of fraud

The High Court has held that statements made in a “without prejudice” (WP) mediation paper were admissible as they were to be used to rebut allegations …

High Court finds evidence of without prejudice discussions should be admitted to establish real risk of dissipation of assets in support of freezing injunction