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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
The High Court has held that documents obtained pursuant to a search order were not protected by privilege as the iniquity exception applied: Lakatamia Shipping Company Limited and other v Nobu Su and others [2022] EWHC 3115. Under that principle, privilege does not apply to protect communications made in furtherance of a crime, fraud or … Read more
In this 16th episode of our series of commercial litigation update podcasts, we look at a couple of recent decisions relating to privilege, two interesting Court of Appeal decisions on good faith and force majeure respectively, and finally we discuss the recent Supreme Court decision in the BTI v Sequana case, which clarifies when directors … Read more
The Court of Appeal has held that the identity of those instructing lawyers on behalf of a corporate client are not generally protected by litigation privilege: Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) [2022] EWCA Civ 1484. In doing so it largely agreed with the reasoning of the High Court, as … Read more
The Employment Appeal Tribunal has ordered a party to disclose the original version of a report following an internal investigation, where the report had subsequently been amended in accordance with legal advice and the final version disclosed: University of Dundee v Chakraborty [2022] EAT 150. The Tribunal rejected the submission that a non-privileged document could … Read more
In this 15th episode of our series of commercial litigation update podcasts, we look at some recent or upcoming developments relating to disclosure, jurisdiction and the new Chancery Guide, decisions relating to privilege and the application of the without prejudice rule, and the impact of the UK sanctions regime on proceedings in the English court involving … Read more
The High Court has refused to grant an injunction to prevent a party using privileged material in a letter exhibited to an opponent’s witness statement filed in support of an interim application, where the material had been included in error but the error was not obvious to the recipient: Pickett v Balkind [2022] EWHC 2226 … Read more
