Topic: Privilege and disclosure
Subscribe to Privilege and disclosureNorwich Pharmacal Relief: Court expands test to include the ‘proper purpose’ condition
March 13, 2024
The High Court has held it should be a condition for granting Norwich Pharmacal relief that the application is made for a legitimate purpose.
Commercial Litigation Round-Up – December 2023
December 19, 2023
Catch up on important legal developments in the past 4 months.
Jones v Tracey: When is correspondence ‘without prejudice’?
November 21, 2023
Discussing the High Court judgment in Jones v Tracey & Ors (Re Costs) [2023] EWHC 2256 (Ch) that inter-solicitor correspondence about the possibility of ADR was not without prejudice.
Court provides guidance on role of solicitors overseeing disclosure process
November 01, 2023
Discussing the decision in IBM United Kingdom Ltd v LzLabs GmbH & Ors [2023] EWHC 2142 (TCC).
Commercial Litigation Round-Up – August 2023
August 28, 2023
A helpful round-up of important recent cases, procedural developments and hot topics for businesses to help busy in-house counsel keep up to date, particularly those who are involved in managing disputes.
Can non-parties to proceedings claim litigation privilege?
July 31, 2023
Discussing the recent decision in Al Sadeq v Dechert LLP & Ors [2023] EWHC 795 (KB).
How will the Court deal with requests to change expert witnesses?
July 06, 2023
The High Court gave guidance on its approach when a party seeks permission to change experts and the circumstances relevant to whether disclosure of prior reports or other documents will be required.
Claim to privilege: What if you find an opponent’s confidential document?
June 14, 2023
Discussing the decision in Taylor & Ors v Evans [2023] EWHC 935 (QB) and considering the principles that will apply where privileged material belonging to one party to litigation has come into the possession of their opponent.
Proprietary injunction against a crypto-exchange? Not so fast…
June 08, 2023
Discussing the first reported decision in which freezing injunctions relating to misappropriation of crypto-assets initially granted on a without notice basis have been discharged by the High Court on their return date.
Court of Appeal allows party to gather documentary evidence from abroad
May 17, 2023
Helpful guidance on the courts’ approach to defendants who seek to use foreign court procedures to gather evidence to support their defence to English litigation.