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Topic: Privilege and disclosure

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Litigation privilege and investigations by an expert

June 24, 2022

A recent High Court decision highlights that the need for litigation to be afoot or within reasonable contemplation

Waiving privilege by referring to documents in court proceedings

October 25, 2021

A recent decision in the High Court has again demonstrated the dangers of referring to privileged material during proceedings.

The scope of the fraud exception to the without prejudice rule

June 30, 2021

In Berkeley Square Holdings & Ors v Lancer Property Asset Management Ltd & Ors [2021] EWCA Civ 551, the Court of Appeal provides useful guidance on the scope of the ‘fraud exception’ to the ‘without prejudice’ rule.

Litigation privilege and third parties

June 24, 2021

A recent decision in the English High Court has provided further guidance on the application of the ‘dominant purpose’ test to claims of litigation privilege in respect of correspondence involving third parties.

“Unambiguous impropriety” exception to without prejudice privilege

February 26, 2021

In Motorola Solutions Inc and another v Hytera Communications Corp Ltd [2021] EWCA, the Court of Appeal overturned a $345m freezing injunction which it held was based on inadmissible statements made during without prejudice (WP) settlement meetings.

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.

Scope of legal advice privilege for foreign in-house lawyers

December 07, 2020

The scope and application of legal advice privilege for foreign in-house lawyers has been clarified by the English Commercial Court.

Case Updater: PCP v Barclays Bank Plc [2020] EWHC 1393 (Comm)

November 11, 2020

The recent Commercial Court decision in PCP v Barclays Bank Plc [2020] EWHC 1393 (Comm) has provided insight into the scope of waiver of privilege and the “cherry picking rule”.