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Topic: Privilege and disclosure

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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.

When can a party to litigation use a document disclosed by mistake?

March 30, 2023

High Court considered when it would be just and equitable to grant an injunction to restrain the use of privileged documents which had been disclosed by mistake.