Court of Appeal confirms “once privileged, always privileged” unless privileged is waived – even if there is no longer anyone who can assert the privilege

The Court of Appeal has confirmed that the documents of a dissolved company remain privileged, regardless of whether there is anyone who can assert the company’s privilege: Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600. The decision establishes that, once a privileged communication comes into existence, that privilege is absolute and remains intact unless … Read more

Pre-contractual statements: When can they come back to bite you?

Parties may say all sorts of things when negotiating a contract. Where sophisticated commercial parties are involved, most pre-contractual statements will, no doubt, be both carefully considered and accurate. But as we all know, things can go wrong. Where a pre-contractual statement turns out to be false, the implications can be serious. The counterparty may have a right to unwind the … Read more

A no-deal Brexit: The implications for disputes

As we approach the deadline of 31 October, it is difficult to predict what will happen. But the prospect of a no-deal Brexit – either then or at some later date – remains a very real possibility. In this blog post we consider the implications of such an outcome for commercial litigation involving the English … Read more