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

High Court allows non-party access to witness statements referred to at hearing relating to proposed scheme of arrangement

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