Litigation Notes

Commercial litigation podcast series – Episode 23: General update

Court of Appeal decision on litigation privilege for non-parties, legal advice privilege for investigations, and the iniquity exception

Commercial litigation podcast series – Episode 19: General update

Litigation privilege not restricted to parties to litigation, and other helpful points regarding privilege

Employment Appeal Tribunal considers when privilege applies to communications via an agent and to documents evidencing legal advice

A recent Employment Appeal Tribunal decision contains an interesting discussion of some difficult issues relating to legal professional privilege: Moving …

Commercial litigation podcast series – Episode 16: General update

High Court rejects claim to litigation privilege in advice from accountants on tax structure

In a recent decision, the High Court has held that advice from accountants on a proposed new tax structure was not prepared for the dominant purpose of …

Commercial litigation podcast series – Episode 4: General update

High Court finds no need to enquire into qualifications of foreign lawyer in applying English law privilege

High Court holds auditor must form its own view on client's claim to privilege when responding to its regulator’s notice to produce documents

The High Court has held that an auditor required to produce documents to its regulator, the Financial Reporting Council (“FRC”), must form …

Article published - Dealing with the COVID-19 pandemic: are your emails privileged?

The COVID-19 pandemic has brought with it huge challenges for businesses. While the focus has been on keeping business going, rather than the prospect of …

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 …