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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 …
Webinar alert - Privilege update: practical issues arising from recent cases
On Wednesday 30 November (12:45 to 1:45 UK time) Julian Copeman, Anna Pertoldi and James Norris-Jones will present a …
High Court restrained use of privileged documents disclosed inadvertently
The recent High Court decision in London Borough of Redbridge and another v Johnson [2011] EWHC 2861 (QB) is a reminder that where privileged …
Test for joint interest privilege clarified
The High Court has clarified the circumstances in which a company director or officer is entitled to assert joint interest privilege in legal advice …
No joint privilege for conspiring shareholder
A company is not generally entitled to assert privilege against its shareholders, since they have a joint interest in the advice received. This …
Court of Appeal on limited waiver of privilege
The Court of Appeal has held that a claimant was entitled to assert privilege in a draft witness statement relating to separate litigation, despite …
Law Society to intervene in Prudential appeal to Supreme Court
On 13 April 2011 the Supreme Court granted Prudential permission to appeal against the Court of Appeal's decision confirming that legal professional …
Waiver of privilege to support merits at interlocutory stage means waiver of privilege at trial
A recent High Court decision confirms that where a party relies on the contents of privileged material to support its case on the merits at the …
The Supreme Court grants Prudential permission to appeal Court of Appeal judgment on legal advice privilege
In a decision handed down on 13 October 2010 the Court of Appeal confirmed that legal professional privilege ("LPP") did not extend to advice on tax law …
Disclosure of privileged report as condition of changing experts
In Edwards-Tubb v JD Wetherspoon PLC [2011] EWCA Civ 136, the Court of Appeal held that the court could not override privilege in an earlier expert's …
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