Tag Archives: Waiver

Court of Appeal finds trustees in bankruptcy could not waive bankrupt’s privilege

In a recent judgment, the Court of Appeal has held that trustees in bankruptcy could not waive legal professional privilege of a bankrupt, even though (i) the trustees in bankruptcy were entitled to take possession of the documents in which … Continue reading

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A reminder: relying on privileged material may lead to a wider loss of privilege than you would like

A recent High Court decision acts as a reminder of the dangers that may lie in store for a party to litigation who refers to or relies on privileged material to support its case on the merits. Whenever privileged material has been … Continue reading

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Article published on maximising privilege protection for internal investigations under US and English law

When a company conducts an internal investigation in respect of a potential regulatory issue, it will wish to maximise the extent to which materials produced in connection with the investigation are protected by privilege. If privilege is protected from the outset, the company … Continue reading

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Important High Court decision on waiver of privilege and without prejudice protection

In a decision earlier this week, the High Court held that a defendant bank had waived both legal professional privilege and without prejudice protection in communications with regulators, because of the bank’s reliance on the subsequent regulatory decisions: Property Alliance … Continue reading

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Establishing “good reason” for breach of order following change of solicitors may require waiver of privilege

The High Court has extended a witness statement deadline, where a party was in breach of the previous timetable, but refused to vacate the trial date to allow more time for statements to be prepared and served: Devon & Cornwall Autistic Community Trust v Cornwall … Continue reading

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Article published on loss or waiver of privilege

It sometimes happens that a privileged document ends up in the hands of an opponent or third party, either as a result of inadvertent disclosure in litigation or in some other way, or a privileged document is referred to in … Continue reading

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Court of Appeal finds waiver where privileged document provided for inspection and mistake not obvious

The Court of Appeal has granted claimants permission to use privileged documents which had been disclosed inadvertently by the defendant (the SFO) in the course of litigation, reversing the decision of the Commercial Court: Rawlinson and Hunter Trustees SA v SFO … Continue reading

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High Court restrains use of privileged documents disclosed by solicitor in breach of confidence

The High Court has held that a party retained the benefit of legal advice privilege in information provided to her solicitor which the solicitor had disclosed to her opponent in breach of confidence after the retainer had come to an end: Kousouros v O’Halloran … Continue reading

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High Court decision underlines strict dominant purpose test for litigation privilege

A recent High Court decision demonstrates the court’s strict approach in analysing the purpose for which a report was prepared in order to determine whether a claim for litigation privilege is available: Tchenguiz & anor v Rawlinson and Hunter Trustees SA & … Continue reading

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Reliance on term of “without prejudice” offer waived privilege in rest of offer

In considering costs issues following judgment in a complex patent action, the High Court had to determine whether it was appropriate for the court to be shown a Part 36 offer that had been made in relation to the current action as well as a … Continue reading

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