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In a recent decision, the High Court has found that a pre-action letter sent by the claimant to a third party, and the third party’s response, were subject to litigation privilege, overturning the decision of the Master who had found that privilege did not apply. The court was satisfied that the true purpose of the … Read more
The Court of Appeal has upheld a High Court judgment which found that defendants could rely on WP statements made in a mediation position paper to rebut the claimants’ allegations that a settlement agreement apparently concluded should be set aside for fraud: Berkeley Square Holdings v Lancer Property Asset Management Ltd [2021] EWCA Civ 551. … Read more
In this sixth episode of our series of commercial litigation update podcasts, we briefly outline the impact of Brexit on disputes and dispute resolution clauses, focusing on practical points for commercial parties. We also look at some developments on privilege and funding, as well as an update on witness evidence reform, and finally we consider … Read more
The Court of Appeal has held that the narrow “unambiguous impropriety” exception to without prejudice privilege, which permits courts to admit evidence of settlement discussions where a party has abused the protection of the privilege, is to be applied only where there is clear evidence of impropriety: Motorola Solutions Inc v Hytera Communications Corp Ltd … Read more
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
