Litigation Notes
Tag: waiver
Showing 12 out of 45 results
Collateral waiver of privilege: High Court finds disclosure of chronology prepared by lawyer results in broader waiver
The High Court has held that a claimant's waiver of privilege over a chronology prepared by his lawyer resulted in a collateral waiver of privilege in an …
Redactions for privilege, irrelevance and public interest immunity, and waiver of privilege: High Court provides guidance
Privilege not lost where email containing legal advice found on employee's work laptop
High Court decision shows need for clear evidence if trying to prevent use of privileged material disclosed in error
In a recent decision, the High Court has refused an injunction to prevent the claimants' use of privileged material which the defendants claimed to have …
High Court finds reference to legal advice in witness statement engaged cherry-picking rule
The High Court has held that there was a collateral waiver of privilege where a claimant referred to the time taken by his solicitors in progressing his …
High Court refuses injunction to prevent use of privileged material disclosed in error, where it revealed potential serious breach of court guidance
High Court finds no litigation privilege where expert instructed to try to find backing for potential counterclaim
High Court orders disclosure of lawyer's attendance note alluded to in claimant's witness statement
High Court concludes no waiver of privilege resulted from negative assertions relating to legal advice
The High Court has held that a party who stated in documentation before the court that a particular issue had not been discussed with its lawyers, in …
Commercial litigation podcast series – Episode 3: General update
High Court takes expansive view of when reference to legal advice may result in broader waiver
High Court finds privilege not waived in expert report referred to in context of security for costs application
In a recent decision, the High Court found that the claimant's reference to an expert's preliminary report in the context of a security for costs …
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