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Court of Appeal finds litigation privilege is restricted to the purpose of obtaining advice or information, not the conduct of litigation more broadly
The Court of Appeal has held that emails between a company's Board members which had been prepared to discuss a commercial proposal for the settlement of …
Documents of dissolved company remained privileged unless no prospect of company being restored to the register
A High Court Master has found that the court must maintain privilege in the documents of a dissolved company unless and until there is no prospect of the …
Litigation privilege: High Court decision shows continued need to beware of dual purpose
The High Court has found that correspondence with experts was not subject to litigation privilege as it was prepared for two purposes, only one of which …
Information gathering by in-house lawyer in order to obtain external advice may not be protected by legal advice privilege
In a recent decision, the High Court has held that an in-house lawyer's communications with an employee of the business, who was accepted to be her …
Article published - ENRC privilege decision: welcome news but difficulties remain
The Court of Appeal's recent decision in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2018] EWCA Civ …
Privilege no defence to notice requiring production of client's privileged documents to regulator
The High Court has held that an audit client could not withhold documents on grounds of privilege when responding to a notice requiring the production of …
Article published - Pilot of new disclosure rules: a change for the better?
Julian Copeman and Maura McIntosh have published an article in PLC Magazine looking at the new disclosure rules that are due to be piloted in …
Court of Appeal decision in ENRC: orthodoxy restored on litigation privilege, but narrow interpretation of "client" remains for now
The Court of Appeal has today handed down its eagerly awaited decision in the ENRC appeal: The Director of the Serious Fraud Office v Eurasian …
No privilege for advice on how to "cloak" dismissal on basis of discrimination as dismissal for redundancy
In a recent decision, the Employment Appeal Tribunal (EAT) found that an email containing advice from an in-house lawyer was not protected by privilege …
Two-year pilot of new disclosure rules to commence 1 January 2019
New rules to govern disclosure of documents in litigation before the English courts were unveiled yesterday, having been approved by the Civil Procedure …
Two recent decisions consider application of principle of limited waiver of privilege
In two recent decisions, the High Court has considered the extent to which a party can provide privileged documents to a third party for a particular …
A reminder that inadvertent disclosure of privileged material will not engage the cherry picking rule
The Administrative Court has held that a defendant did not lose privilege in unredacted passages of documents that had been provided for inspection, as …
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