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Litigation privilege: High Court decision shows continued need to beware of dual purpose
The High Court has found that correspondence with experts was not subject to litigation privilege as it was prepared for two purposes, only one of which …
Information gathering by in-house lawyer in order to obtain external advice may not be protected by legal advice privilege
In a recent decision, the High Court has held that an in-house lawyer's communications with an employee of the business, who was accepted to be her …
Article published - ENRC privilege decision: welcome news but difficulties remain
The Court of Appeal's recent decision in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2018] EWCA Civ …
Privilege no defence to notice requiring production of client's privileged documents to regulator
The High Court has held that an audit client could not withhold documents on grounds of privilege when responding to a notice requiring the production of …
Article published - Pilot of new disclosure rules: a change for the better?
Julian Copeman and Maura McIntosh have published an article in PLC Magazine looking at the new disclosure rules that are due to be piloted in …
Court of Appeal decision in ENRC: orthodoxy restored on litigation privilege, but narrow interpretation of "client" remains for now
The Court of Appeal has today handed down its eagerly awaited decision in the ENRC appeal: The Director of the Serious Fraud Office v Eurasian …
No privilege for advice on how to "cloak" dismissal on basis of discrimination as dismissal for redundancy
In a recent decision, the Employment Appeal Tribunal (EAT) found that an email containing advice from an in-house lawyer was not protected by privilege …
Two-year pilot of new disclosure rules to commence 1 January 2019
New rules to govern disclosure of documents in litigation before the English courts were unveiled yesterday, having been approved by the Civil Procedure …
Two recent decisions consider application of principle of limited waiver of privilege
In two recent decisions, the High Court has considered the extent to which a party can provide privileged documents to a third party for a particular …
A reminder that inadvertent disclosure of privileged material will not engage the cherry picking rule
The Administrative Court has held that a defendant did not lose privilege in unredacted passages of documents that had been provided for inspection, as …
Commercial Court finds non-party not entitled to assert litigation privilege
The Commercial Court has held that a non-party who controlled litigation was not entitled to assert litigation privilege against the party it was …
Court of Appeal finds that factual information received by solicitor in course of acting for client was not privileged
In a recent decision, the Court of Appeal held that a solicitor could not object on grounds of privilege to giving evidence, where the questions related …
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