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Archive: January 2021

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Can reference to client-solicitor communications in a witness statement constitute waiver of privilege?

January 28, 2021

In Guest Supplies Intl Ltd v South Place Hotel Ltd and another [2020] EWHC 307 (QB), the High Court held that communications with one’s solicitor, referenced in a witness statement, can constitute a waiver of legal professional privilege notwithstanding any express denial of waiver. This decision has echoed the Court’s approach in PCP Capital Partners v Barclays Bank [2020] EWHC 1393 (Comm), suggesting that judicial consensus has been reached on the waiver of privilege when relying on legal communications in litigation.

Early stages of a dispute: Practical tips for protecting your position

January 27, 2021

The Covid-19 pandemic and surrounding economic uncertainty is likely to lead to a significant rise in disputes.

The "subject to contract" label

January 18, 2021

The Court of Appeal has provided helpful guidance on the effect of the words ‘subject to contract’ in the context of negotiations.