All blog posts
Showing 84 out of 180 results
Privilege: a reminder of the dangers of cherry picking
Launch of Asia Pacific Guide to Privilege 2019, including England and Wales chapter
Our Asia Pacific Guide to Privilege has recently been launched, including a new chapter on England and Wales and a question added to each of the other …
Article published - Anomalies in the English law of privilege: a triumph of form over substance
Legal professional privilege is recognised as a fundamental human right, which serves an important public interest in allowing parties to take legal …
Disclosure Pilot: High Court clarifies transitional operation and considers privilege claims
The High Court has confirmed that the Disclosure Pilot operating in the Business and Property Courts since 1 January 2019 applies to all proceedings …
High Court finds parties agreed to vary application of "without prejudice" rule in subsequent "without prejudice save as to costs" correspondence
The High Court has held that correspondence marked "without prejudice save as to costs" and which described the conduct of prior "without prejudice" …
Upcoming webinar - Privilege update: some old problems remain and some new ones emerge
High Court considers application of much-criticised exception to without prejudice rule
The High Court has held that the content of "without prejudice" ("WP") communications between the parties to the proceedings was inadmissible, though the …
High Court restrains claimants from using defendant's privileged material obtained from third parties in unknown circumstances
A recent High Court decision demonstrates that, whilst confidentiality is a prerequisite to a claim for privilege, information will not cease to be …
High Court upholds claim to privilege in respect of underlying instructions to law firm relating to escrow monies
The High Court has rejected an application for disclosure of documents containing the underlying instructions to a law firm acting for a party funding a …
Article published - Discussing settlement options: minding the gap between litigation privilege and the without prejudice rule
The recent Court of Appeal decision in WH Holding Ltd v E20 Stadium LLP [2018] EWCA Civ 2652 (outlined here) found that litigation privilege …
Court of Appeal finds litigation privilege is restricted to the purpose of obtaining advice or information, not the conduct of litigation more broadly
The Court of Appeal has held that emails between a company's Board members which had been prepared to discuss a commercial proposal for the settlement of …
Documents of dissolved company remained privileged unless no prospect of company being restored to the register
A High Court Master has found that the court must maintain privilege in the documents of a dissolved company unless and until there is no prospect of the …
Showing 84 out of 180 results
View more