Commercial litigation podcast series – Episode 23: General update

In this 23rd episode of our series of commercial litigation update podcasts, we look at the government’s plans for the litigation funding industry, and a consultation on proposals regarding public access to court documents. We also consider two recent cases on costs – more specifically costs against non-parties and security for costs – and a … Read more

Without prejudice rule: High Court emphasises narrow scope of exceptions

The High Court has granted an application to strike out certain passages from defendants’ witness evidence on the basis that they were protected by the without prejudice (WP) rule and the defendants had not established that any of the recognised exceptions to that rule applied: Ocean on Land Technology (UK) Ltd v Land [2024] EWHC … Read more

Court of Appeal decision on litigation privilege for non-parties, legal advice privilege for investigations, and the iniquity exception

A recent Court of Appeal decision clarifies a number of important points relating to legal professional privilege: Al Sadeq v Dechert LLP [2024] EWCA Civ 28. Perhaps most significantly, the decision confirms that litigation privilege is not confined to parties to litigation but can sometimes apply to non-parties, such as the victim of an alleged … Read more

Company not ordered to disclose privileged documents to shareholders in context of late application in securities class action

In an oral judgment delivered at the end of a one-day hearing, the High Court has refused an application by the claimants in a securities class action for disclosure of privileged documents by the defendant company: Various Claimants v G4S PLC [2023] EWHC 2863 (Ch). The decision considers the boundaries of the so-called “shareholder principle”, … Read more

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