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Topic: Privilege and disclosure

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Court of Appeal delivers multifaceted privilege judgment

April 05, 2024

Discussing the Court of Appeal's landmark judgment in Al Sadeq v Dechert LLP & Ors [2024] EWCA Civ 28.

When are documents held by a third party within a litigant’s “practical control”?

April 03, 2024

Discussing the decision in The Public Institution for Social Security v Al-Wazzan & Ors [2024] EWHC 480 (Comm) which acts as a useful reminder that a litigant can be considered to have control over documents held by a third party even where the litigant has no legal right to those documents, for the purposes of disclosure.

Norwich 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.