Privilege

Article published – ENRC privilege decision: welcome news but difficulties remain

The Court of Appeal’s recent decision in The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2018] EWCA Civ 2006 (ENRC) has, helpfully, departed from the High Court’s overly strict approach to questions of litigation privilege. However, it has left … Continue reading

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Privilege no defence to notice requiring production of client’s privileged documents to regulator

The High Court has held that an audit client could not withhold documents on grounds of privilege when responding to a notice requiring the production of documents in connection with an investigation into the auditor’s conduct: The Financial Reporting Council … Continue reading

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Article published – Pilot of new disclosure rules: a change for the better?

Julian Copeman and Maura McIntosh have published an article in PLC Magazine looking at the new disclosure rules that are due to be piloted in the Business and Property Courts for two years starting in January 2019. The article outlines the key provisions … Continue reading

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Court of Appeal decision in ENRC: orthodoxy restored on litigation privilege, but narrow interpretation of “client” remains for now

The Court of Appeal has today handed down its eagerly awaited decision in the ENRC appeal: The Director of the Serious Fraud Office v Eurasian Natural Resources Corporation Ltd [2018] EWCA Civ 2006. At first instance, the High Court took a restrictive … Continue reading

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No privilege for advice on how to “cloak” dismissal on basis of discrimination as dismissal for redundancy

In a recent decision, the Employment Appeal Tribunal (EAT) found that an email containing advice from an in-house lawyer was not protected by privilege due to the “iniquity principle”, as there was a strong prima facie case that it advised on … Continue reading

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Two-year pilot of new disclosure rules to commence 1 January 2019

New rules to govern disclosure of documents in litigation before the English courts were unveiled yesterday, having been approved by the Civil Procedure Rule Committee on 13 July. The rules will be subject to a two-year pilot in the Business … Continue reading

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Two recent decisions consider application of principle of limited waiver of privilege

In two recent decisions, the High Court has considered the extent to which a party can provide privileged documents to a third party for a particular purpose without resulting in a wider waiver of privilege. The decisions illustrate the importance, … Continue reading

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A reminder that inadvertent disclosure of privileged material will not engage the cherry picking rule

The Administrative Court has held that a defendant did not lose privilege in unredacted passages of documents that had been provided for inspection, as it was obvious that the passages had been inadvertently disclosed, and that there was no question … Continue reading

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Commercial Court finds non-party not entitled to assert litigation privilege

The Commercial Court has held that a non-party who controlled litigation was not entitled to assert litigation privilege against the party it was controlling and who was the party to the proceedings: Minera Las Bambas SA v Glencore Queensland Ltd … Continue reading

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Court of Appeal finds that factual information received by solicitor in course of acting for client was not privileged

In a recent decision, the Court of Appeal held that a solicitor could not object on grounds of privilege to giving evidence, where the questions related to factual information received by the solicitor from third parties in the course of … Continue reading

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