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High Court finds privilege applies to documents from which the substance of legal advice can be inferred
In a recent decision, the High Court has considered the question of when a document will be privileged on the basis that it "evidences" a privileged …
Hong Kong corporate crime team publishes article addressing the thorny issue of privilege in Asia investigations
Given the variety of civil law and common law systems across Asia, and the fact that corporate investigations in the region almost always involve …
Working group proposes pilot of new rules for disclosure
A disclosure working group set up last year, chaired by Lady Justice Gloster, yesterday published its proposals for reforms to the rules governing …
Reliance on an absence of legal advice may waive privilege
The First Tier Tribunal (Tax Chamber) has held that a party waived privilege in certain communications with its lawyers by relying on the absence of …
Court of Appeal upholds injunction to prevent use of privileged information obtained in breach of confidence
In a recent decision, the Court of Appeal has upheld an injunction against a defendant publisher to prevent it using the claimant's privileged …
High Court decision illustrates limits of the cherry-picking rule
The High Court has concluded that, where a claimant waived privilege in certain emails to rebut a suggestion of recent fabrication, only a small number …
Court of Appeal prevents use of privileged document disclosed in error where mistake obvious to second more senior solicitor
The Court of Appeal has added what it has termed "a modest gloss" to the principles on when the court will restrain use of a privileged document …
Employee could not assert privilege against employer over documents on employer's IT system
The High Court has found that a company's Group Finance Director could not assert privilege against the company in respect of documents he had created …
High Court decision potentially extends exceptions to without prejudice protection
In a recent decision, the High Court has found that documents relating to negotiations in respect of the costs that were recoverable in litigation had to …
Singapore Court of Appeal upholds claim to privilege over hacked documents
In a recent decision, the Singapore Court of Appeal concluded that evidence which had been made available on WikiLeaks as a result of the respondent's …
High Court decision takes restrictive approach to both litigation privilege and legal advice privilege
A High Court decision earlier this week has applied a strict approach to litigation privilege in the context of criminal proceedings, finding that …
Iniquity exception to privilege requires prima facie case of fraud or crime – breach of a fundamental human right is not sufficient
In a recent decision, the High Court declined to disapply legal professional privilege over documents alleged to reveal a breach of fundamental human …
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