Commercial litigation podcast series – Episode 19: General update

In this 19th episode of our series of commercial litigation update podcasts, we look at developments in a range of areas, including environmental litigation, privilege, class actions, claims against cryptocurrency exchanges, and force majeure. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Julian Copeman, … Read more

High Court refuses injunction to prevent use of privileged material disclosed in error, where it revealed potential serious breach of court guidance

The High Court has refused to grant an injunction to prevent a party using privileged material in a letter exhibited to an opponent’s witness statement filed in support of an interim application, where the material had been included in error but the error was not obvious to the recipient: Pickett v Balkind [2022] EWHC 2226 … Read more

Court of Appeal considers iniquity exception to privilege

The Court of Appeal has upheld a High Court decision (considered here) which found that parties will not necessarily be prevented from maintaining privilege in all cases where it is found that they have made false statements to their solicitors and the court: Candey Ltd v Bosheh [2022] EWCA Civ 1103. It is well established … Read more

Commercial litigation podcast series – Episode 14: General update

In this 14th episode of our series of commercial litigation update podcasts, we look at the most recent decisions on trial witness statements, a decision on what parties can do when they have received a draft judgment under embargo, upcoming changes to the circumstances in which proceedings can be served on parties outside the jurisdiction … Read more