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In a recent decision, the High Court has held that a claimant could not claim litigation privilege in respect of the identities of the individuals giving instructions to its lawyers on its behalf in relation to the litigation: Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd [2022] EWHC 1136 (Comm). The court … Read more
In this 13th episode of our series of commercial litigation update podcasts, we give an update on recent cases relating to force majeure in the context of US sanctions, trial witness statements, draft judgments provided under embargo, and privilege, as well as cases and developments concerning cryptocurrencies. This episode is hosted by Anna Pertoldi, a … 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
The High Court has rejected a claimant’s claim to litigation privilege over preliminary investigations conducted by a third party expert on the basis that litigation in respect of the matter being investigated was not in reasonable prospect at the relevant time: Kyla Shipping Co Ltd v Freight Trading Ltd [2022] EWHC 376 (Comm). The decision … Read more
In this 12th episode of our series of commercial litigation update podcasts, we outline some recent cases on witness evidence, privilege and the dangers of filing court documents on the last day for service. We also cover some decisions on jurisdiction, and finally we look at a few recent cases where the courts have had … 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
In this 10th episode of our series of commercial litigation update podcasts, we give an update on recent developments relating to privilege, the disclosure pilot, representative actions, and two recent Supreme Court decisions on liquidated damages and lawful act economic duress respectively. This episode is hosted by Anna Pertoldi, a partner in our litigation team, … Read more
The High Court has held that the protection attached to a chain of emails marked “without prejudice” extended to a subsequent email even though it was not so labelled. The last email plainly followed on from the prior emails seeking to resolve a dispute and there had been no clear indication that the sender wished … Read more
Herbert Smith Freehills has developed a new web-based app to help in-house counsel quickly navigate the complexities in determining which documents are likely to be privileged, or not. CLICK HERE TO LAUNCH THE TOOL The “English Law Legal Privilege” web app allows clients to quickly access the information they need both on their mobile phones … Read more
