Commercial litigation podcast series – Episode 19: General update

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

Employment Appeal Tribunal considers when privilege applies to communications via an agent and to documents evidencing legal advice

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

European Court expands scope of legal professional privilege under EU law

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

Commercial litigation podcast series – Episode 17: General update

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

High Court finds iniquity exception to privilege applies

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