No litigation privilege where witnesses were deceived as to true purpose of meetings

The High Court has rejected a claimant's claim to assert litigation privilege over secret recordings of meetings with potential witnesses (who were former employees of the defendant), because the witnesses were deceived into believing that the meetings were to discuss business opportunities rather than evidence for litigation: Property Alliance Group v The Royal Bank of Scotland PLC [2015] EWHC 3341 … Read more

Article published on maximising privilege protection for internal investigations under US and English law

When a company conducts an internal investigation in respect of a potential regulatory issue, it will wish to maximise the extent to which materials produced in connection with the investigation are protected by privilege. If privilege is protected from the outset, the company can then determine the extent to which privileged materials should be withheld from regulators or … Read more

Article published on legal advice privilege

A recent Hong Kong Court of Appeal judgment has rejected the narrow approach to legal advice privilege established by the English Court of Appeal in Three Rivers No 5 and adopted a broader “dominant purpose” test more akin to the test that applies to litigation privilege. Maura McIntosh has published a post on Practical Law’s Dispute Resolution blog … Read more

Hong Kong Court of Appeal rejects narrow interpretation of “client” and adopts broader test for legal advice privilege

In a decision handed down yesterday, the Hong Kong Court of Appeal (HKCA) has rejected the narrow view adopted by the first instance court as to who from within a client organisation constitutes the "client" for the purposes of considering whether legal advice privilege applies: Citic Pacific Limited v Secretary for Justice and Commissioner of Police (unrep, … Read more

Important High Court decision on waiver of privilege and without prejudice protection

In a decision earlier this week, the High Court held that a defendant bank had waived both legal professional privilege and without prejudice protection in communications with regulators, because of the bank’s reliance on the subsequent regulatory decisions: Property Alliance Group Limited v The Royal Bank of Scotland PLC [2015] EWHC 1557 (Ch). The decision … Read more

Establishing “good reason” for breach of order following change of solicitors may require waiver of privilege

The High Court has extended a witness statement deadline, where a party was in breach of the previous timetable, but refused to vacate the trial date to allow more time for statements to be prepared and served: Devon & Cornwall Autistic Community Trust v Cornwall Council [2015] EWHC 129 (QB). The case is of interest both for its application of the … Read more