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The High Court has held that inter-solicitor correspondence about the possibility of engaging in ADR was not properly to be regarded as “without prejudice” (or WP) despite being marked as such. The court could therefore have regard to it in considering the appropriate costs order following judgment for the claimant in a contested probate dispute: … Read more
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
In a recent decision, the High Court has held that privilege was not lost against a party where its employee’s privileged email was found on a work laptop handed over to the employer in the context of an investigation: Taylor v Evans [2023] EWHC 935 (KB). The decision is of interest in illustrating the principles … Read more
The High Court has clarified a number of points relating to legal professional privilege in a recent decision in which it dismissed a claimant’s challenges to a defendant law firm’s assertion of privilege over various categories of documents: Al Sadeq v Dechert LLP [2023] EWHC 795 (KB). The key points arising from the decision are: … Read more
A recent Employment Appeal Tribunal decision contains an interesting discussion of some difficult issues relating to legal professional privilege: Moving Brands Ltd v Heinl [2023] EAT 34. The decision relates to communications between a solicitor (instructed on behalf of an individual client) and a third party, some but not all of which were copied to the … Read more
In a recent ruling on a preliminary reference, the Court of Justice of the EU (CJEU) clarified that legal professional privilege under EU law applies to legal advice in general, such as regulatory or commercial advice, as opposed to only advice that is prepared in the context of the client’s rights of defence in legal … Read more
In this 17th episode of our series of commercial litigation update podcasts, we consider recent cases on waiver of privilege, developments relating to disclosure, judgments and enforcement, and two recent Court of Appeal decisions on limitation and settlement respectively. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined … Read more
In a recent decision, the High Court has refused an injunction to prevent the claimants’ use of privileged material which the defendants claimed to have disclosed in error: Flowcrete UK Ltd v Vebro Polymers UK Ltd [2023] EWHC 22 (Comm). While the court can intervene to prevent use of privileged documents where they have been … Read more
The High Court has held that there was a collateral waiver of privilege where a claimant referred to the time taken by his solicitors in progressing his claim against the defendant, and the reasons for that, to explain his delay – a point which was potentially relevant to the substantive merits of the case: Clements … Read more
