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The High Court has held that documents obtained pursuant to a search order were not protected by privilege as the iniquity exception applied: Lakatamia Shipping Company Limited and other v Nobu Su and others [2022] EWHC 3115. Under that principle, privilege does not apply to protect communications made in furtherance of a crime, fraud or … Read more
Two recent English court decisions provide useful guidance as to the role of private litigants when they bring an application seeking the committal of another party for civil contempt. In particular, they shed light on the extent to which the applicant’s private interests can be a legitimate consideration in such applications, as distinct from the … Read more
In a recent decision the Court of Appeal has re-emphasised that the purpose of a search order (formerly known as an Anton Piller order) is to preserve evidence that is at risk of being destroyed by a defendant or potential defendant, and that a search order does not allow a claimant to inspect documents to … Read more