Privilege

Court of Appeal upholds injunction to prevent use of privileged information obtained in breach of confidence

In a recent decision, the Court of Appeal has upheld an injunction against a defendant publisher to prevent it using the claimant’s privileged information that had been provided to the publisher in breach of confidence: Lachaux v Independent Print Limited [2017] … Continue reading

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Filed under Confidentiality, Privilege

High Court decision illustrates limits of the cherry-picking rule

The High Court has concluded that, where a claimant waived privilege in certain emails to rebut a suggestion of recent fabrication, only a small number of other privileged documents had to be disclosed as a result of the cherry-picking rule: … Continue reading

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Court of Appeal prevents use of privileged document disclosed in error where mistake obvious to second more senior solicitor

The Court of Appeal has added what it has termed “a modest gloss” to the principles on when the court will restrain use of a privileged document disclosed in error, on the basis that there has been an obvious mistake. … Continue reading

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Employee could not assert privilege against employer over documents on employer’s IT system

The High Court has found that a company's Group Finance Director could not assert privilege against the company in respect of documents he had created for the purpose of obtaining legal advice in respect of his divorce proceedings, which the … Continue reading

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High Court decision potentially extends exceptions to without prejudice protection

In a recent decision, the High Court has found that documents relating to negotiations in respect of the costs that were recoverable in litigation had to be disclosed to a third party (the claimant in the present action) who had … Continue reading

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Singapore Court of Appeal upholds claim to privilege over hacked documents

In a recent decision, the Singapore Court of Appeal concluded that evidence which had been made available on WikiLeaks as a result of the respondent's computer systems being hacked had not lost its confidential and legally privileged status: Wee Shuo Woon … Continue reading

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High Court decision takes restrictive approach to both litigation privilege and legal advice privilege

A High Court decision earlier this week has applied a strict approach to litigation privilege in the context of criminal proceedings, finding that litigation was not in reasonable contemplation (so the first limb of the test for litigation privilege was not … Continue reading

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Iniquity exception to privilege requires prima facie case of fraud or crime – breach of a fundamental human right is not sufficient

In a recent decision, the High Court declined to disapply legal professional privilege over documents alleged to reveal a breach of fundamental human rights, in the form of the claimant's right to privacy: Holyoake v Candy and anor [2017] EWHC … Continue reading

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Costs judge finds information from mediation is admissible when considering costs consequences of settlement

A costs judge has held that information about a party's costs provided for the purposes of a mediation could be used as evidence when considering the cost consequences of a subsequent settlement: Savings Advice Limited v EDF Energy Customers Ltd … Continue reading

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Filed under ADR, Privilege

No appeal against controversial decision in RBS case applying narrow interpretation of “client” for purposes of legal advice privilege

In a widely publicised decision last December arising out of the RBS Rights Issue Litigation (reported here), the High Court found that interviews conducted by a bank's solicitors with its employees were not covered by legal advice privilege as the … Continue reading

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