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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
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
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
In a recent decision, the High Court found that there was a clear breach of the embargo on a draft judgment where the defendant disclosed the outcome to journalists on confidential terms and subject to an agreement that they would not publish anything until after formal hand down. However, it was not a breach to … Read more
The High Court has held that a defendant was entitled to maintain privilege over certain documents even though the claimants had obtained copies of the documents from a third party pursuant to subpoenas in Thailand: Suppipat v Siam Commercial Bank Public Company Ltd [2022] EWHC 381 (Comm). The decision suggests that where a party has … Read more
A recent High Court decision acts as a reminder 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 [2021] EWHC 3409 (Comm). It is well established that privilege will not protect … Read more
The High Court has held that the seller of certain companies could assert privilege against the buyer in respect of emails and documents in employees’ email accounts, despite the buyer having received wholesale access to those accounts as a result of the underlying transaction: ConocoPhillips Co v Chrysaor E&P Ltd [2021] 3 WLUK 524. The … Read more
The Court of Appeal has dismissed an appeal against a judge’s decision upholding a claim where the claimant had relied on evidence obtained through the unlawful hacking of the defendant’s computer. The court found that, even if the claimant was responsible for the hacking (which had not yet been established) and its case would have … Read more
A recent decision illustrates the court’s approach to providing non-party access to documents referred to at a public hearing, in the context of a proposed scheme of arrangement: Re Port Finance Investment Ltd [2021] EWHC 454 (Ch). The decision applies the recent guidance from the Supreme Court decision in Cape Intermediate Holdings Ltd v Dring … Read more
