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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
The Court of Appeal has upheld a High Court decision (considered here) which found that parties will not necessarily be prevented from maintaining privilege in all cases where it is found that they have made false statements to their solicitors and the court: Candey Ltd v Bosheh [2022] EWCA Civ 1103. It is well established … Read more
In a recent decision, the Competition Appeal Tribunal (CAT) held that an email was protected by without prejudice privilege, where it sought to resolve a dispute about interpretation of a contractual indemnity as well as various commercial issues: Sportradar AG v Football Dataco Ltd [2022] CAT 29. The without prejudice rule means that evidence of … Read more
In a recent decision, the High Court has held that a claimant could not claim litigation privilege in respect of the identities of the individuals giving instructions to its lawyers on its behalf in relation to the litigation: Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd [2022] EWHC 1136 (Comm). The court … Read more
In this 13th episode of our series of commercial litigation update podcasts, we give an update on recent cases relating to force majeure in the context of US sanctions, trial witness statements, draft judgments provided under embargo, and privilege, as well as cases and developments concerning cryptocurrencies. This episode is hosted by Anna Pertoldi, a … Read more
The High Court has held that a defendant was entitled to maintain privilege over certain documents even though the claimants had obtained copies of the documents from a third party pursuant to subpoenas in Thailand: Suppipat v Siam Commercial Bank Public Company Ltd [2022] EWHC 381 (Comm). The decision suggests that where a party has … Read more
The High Court has rejected a claimant’s claim to litigation privilege over preliminary investigations conducted by a third party expert on the basis that litigation in respect of the matter being investigated was not in reasonable prospect at the relevant time: Kyla Shipping Co Ltd v Freight Trading Ltd [2022] EWHC 376 (Comm). The decision … Read more
In this 12th episode of our series of commercial litigation update podcasts, we outline some recent cases on witness evidence, privilege and the dangers of filing court documents on the last day for service. We also cover some decisions on jurisdiction, and finally we look at a few recent cases where the courts have had … Read more
