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Master finds privilege does not apply to documents held in solicitors' client files due to the fraud exception
Article published - Legal advice privilege: a dominant purpose test, but to what end?
The Court of Appeal's recent decision in The Civil Aviation Authority v The Queen on the application of Jet2.com Ltd [2020] EWCA Civ 35 found that legal …
Court of Appeal finds regulator cannot demand production of client's privileged documents unless statute overrides privilege
In a judgment handed down this morning, the Court of Appeal has held that an audit client was not required to hand over its privileged documents in …
Our new Commercial Litigation Podcast Series
Court of Appeal confirms instructions to law firm relating to escrow monies were privileged
The Court of Appeal has upheld a High Court decision which rejected an application for disclosure of documents containing a client's instructions to its …
Court of Appeal finds legal advice privilege is subject to a "dominant purpose" test
In a decision handed down earlier this week, the Court of Appeal has found that legal advice privilege (LAP) is subject to a "dominant purpose" test, ie …
No collateral waiver where party relied on the effect of legal advice rather than its content
High Court finds privilege not lost despite document being referred to in open court
Court of Appeal rejects claim to without prejudice or litigation privilege in communications incorporated into settlement agreement
The Court of Appeal has held that the claimant was not entitled to withhold from inspection communications that had been incorporated into a settlement …
Court of Appeal holds advice on dismissal for redundancy not a “cloak” for dismissal on basis of discrimination
The Court of Appeal has held that an email containing advice from an in-house lawyer on redundancy was not, as the EAT had found, a cloak for dismissal …
Court of Appeal confirms "once privileged, always privileged" unless privilege is waived - even if there is no longer anyone who can assert the privilege
The Court of Appeal has confirmed that the documents of a dissolved company remain privileged, regardless of whether there is anyone who can assert the …
High Court finds impliedly "without prejudice" correspondence admissible on questions of costs
In a recent decision, the High Court has distinguished between correspondence which is expressly stated to be "without prejudice" and that which is only …
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