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The High Court has held that a party who stated in documentation before the court that a particular issue had not been discussed with its lawyers, in order to deny an assertion made by its opponent, had not thereby waived privilege as there had been no voluntary disclosure: PJSC Tatneft v Bogolyubov [2020] EWHC 3225 … Read more
The High Court has granted an application for the production and disclosure of documents, previously withheld by the defendants during proceedings, on the ground that the “iniquity exception” to legal professional privilege (“LPP”) applied. As such, the defendants were unable to rely on LPP and were required to disclose the documents to the claimant: Barrowfen … Read more
The Court of Appeal has found that a defendant was not entitled to claim litigation privilege in certain text messages as no litigation was in reasonable contemplation against him at the time they were created – despite the court accepting that other defendants to the litigation (including a company of which he was a director) … Read more
In a recent decision, the High Court has held that advice from accountants on a proposed new tax structure was not prepared for the dominant purpose of litigation, and was therefore not protected by litigation privilege, even if litigation over the relevant tax affairs was in reasonable contemplation at the time the advice was given: … Read more
In this fourth episode of our series of commercial litigation update podcasts, we look at a variety of cases and developments, including an update on the disclosure pilot and proposals in relation to witness statements. We also look at recent cases on privilege, witness evidence, access to court documents, claim notices and freezing injunctions. This … Read more
In a judgment handed down last Friday, 11 September, the Commercial Court in London confirmed that communications with the claimant’s Russian in-house lawyers were privileged as a matter of English law, and there was no need for the court to enquire into the applicable systems of regulation or professional standards under Russian law: PJSC Tatneft … Read more
In this third episode of our series of commercial litigation update podcasts, we look at developments in disclosure and privilege since our February update, as well as some developments relating to costs and funding. This episode is hosted by Anna Pertoldi, who is joined by Maura McIntosh and Ajay Malhotra. Our podcast is available on … Read more
The High Court has held that an auditor required to produce documents to its regulator, the Financial Reporting Council (“FRC”), must form its own view on whether documents are privileged and can therefore be withheld on that ground, regardless of whether the privilege is that of the auditor or its underlying client: A v B … Read more
The High Court has held that a bank waived privilege in all contemporaneous communications with its lawyers relating to particular transactions that were alleged to be a sham, as the bank had deployed the lawyers’ advice that the transactions were lawful in order to support its case on the merits. That was regardless of whether … Read more
