In this third episode of our series of commercial litigation update podcasts, we look at developments in disclosure and privilege since our February update, as well as some developments relating to costs and funding. This episode is hosted by Anna Pertoldi, who is joined by Maura McIntosh and Ajay Malhotra.
Our podcast is available on iTunes, Spotify and SoundCloud and can be accessed on all devices. A new episode will be released every couple of months. You can subscribe and be notified of all future episodes.
Below you can find links to our blog posts on the cases covered in this podcast:
- High Court finds privilege not waived in expert report referred to in context of security for costs application
- High Court takes expansive view of when reference to legal advice may result in broader waiver
- Court of Appeal finds regulator cannot demand production of client’s privileged documents unless statute overrides privilege
- High Court holds auditor must form its own view on client’s claim to privilege when responding to its regulator’s notice to produce documents
- High Court finds evidence of without prejudice discussions should be admitted to establish real risk of dissipation of assets in support of freezing injunction
- High Court finds “without prejudice” statements contained in mediation paper were admissible to defend against allegation of fraud
- High Court finds “control” for the purposes of disclosure includes third party documents that the litigating party can access under a standing consent short of an enforceable right
- Court of Appeal confirms funders’ adverse costs liability not limited to amount of funding provided: Arkin “cap” not a binding rule
- High Court orders security for costs against member of Association of Litigation Funders
- Two recent cases illustrate that belief in a strong case does not justify refusing to engage with ADR
- The High Court disallows a substantial proportion of a successful defendant’s costs on the basis of an unreasonable refusal to mediate