All blog posts
Showing 11 out of 11 results
Reliance on term of "without prejudice" offer waived privilege in rest of offer
In considering costs issues following judgment in a complex patent action, the High Court had to determine whether it was appropriate for …
Supreme Court hearing in Prudential starts today
The Supreme Court is set to hear Prudential's appeal against the Court of Appeal's much-publicised decision from October 2010 which …
Court can require disclosure of privileged report even where no change of expert
The High Court has considered whether a party should be ordered to disclose a privileged second report prepared by its expert, as a condition of being …
Waiver of privilege: deployment and cherry-picking
A recent tribunal decision has given a reminder of when a waiver of privilege will (or will not) extend further than a party intends: Fisher v …
Webinar alert - Thorny issues in the law of privilege: Practical tips for in-house lawyers
On Tuesday 26 June (12:45 to 1:45 UK time) Anna Pertoldi, Nikunj Kiri, Chris Parker, James Norris-Jones and Maura McIntosh will present a …
Disclosure of client contact details: conflicting approaches
The High Court has refused to order a firm of solicitors to disclose a client's contact details to assist in the enforcement of a committal order against …
New "Handy client guide to privilege" published
We have published a new client guide to legal professional privilege under English law, comprising: A decision tree: intended as a quick reference …
No legal advice privilege for claims consultants
The High Court has confirmed that communications between a party and his construction claims consultants (in relation to a claim for extensions of …
Application of litigation privilege to competition investigations
In a ruling last Tuesday, 20 March, the Competition Appeal Tribunal has held that notes of third party witness interviews conducted by a …
Litigation from a client's perspective: top tips from the advocacy unit
On 21 March Murray Rosen QC, head of Herbert Smith's Advocacy Unit, together with support lawyers Pamela Kiesselbach and David Phillips, presented a …
Hong Kong court applies narrow view of "client" for privilege purposes
The much discussed decision of the English Court of Appeal in Three Rivers District Council v Bank of England [2003] EWCA Civ 474 led to a risk that …
Showing 11 out of 11 results