Iniquity exception to privilege applied where documents were created by solicitor in connection with breach of director’s duties

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

Commercial litigation podcast series – Episode 4: General update

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

Commercial litigation podcast series – Episode 3: General update

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

High Court holds auditor must form its own view on client’s claim to privilege when responding to its regulator’s notice to produce documents

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