When will fraud trigger the iniquity exception to privilege?

A recent Court of Appeal decision adds to the case law on an issue that is often raised in fraud actions: whether the fraud element prevents the defendant from relying on legal privilege because of the “iniquity exception” – that privilege does not apply to protect communications made in furtherance of a crime, fraud or … Read more

High Court admits evidence of ‘without prejudice’ discussions to prove threat of dissipation of assets

The High Court has held that evidence of statements made in “without prejudice” settlement discussions should be admitted in support of an application for a freezing order. The respondents’ threat – to move assets and structure its affairs to frustrate the applicants’ enforcement of a US judgment – fell within the narrow “unambiguous impropriety” exception … Read more