Passmore on Privilege

  • Colin Passmore Colin Passmore

    Colin is Senior Partner at Simmons & Simmons. He published the third edition of "Privilege" in July 2013; one of the leading textbooks on the subject of legal professional privilege.

Latest posts

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  • Common interest privilege

    Submitted: 01 March 2018

    This blog post considers the common interest privilege issues arising out of the judgment of Andrew Smith J in Accident Exchange Ltd & Anor v McLean & Ors.

  • The effect of a duty of confidentiality owed by a witness

    Submitted: 02 February 2018

    This blog post considers the situation where evidence is sought from a potential witness who owes a duty of confidentiality to another.

  • An exception to privilege?

    Submitted: 29 January 2018

    This blog post looks at Accident Exchange Ltd & Anor v McLean & Ors [2018] EWHC 23 (Comm) which examines the crime-fraud exception to privilege in the context of a major motor credit hire fraud.

  • Waiver of privilege

    Submitted: 15 January 2018

    This blog post examines a recent US case on waiver of privilege the facts of which would, if repeated before an English Court, quite probably lead to a similar decision.

  • The ENRC and the RBS Rights Issue Litigation

    Last Reviewed: 10 October 2017 / Submitted: 18 July 2017

    ENRC and RBS Rights Issue Litigation: where are we now?

  • Communications for the purpose of legal advice - the Australian approach to privilege

    Submitted: 08 August 2017

    English lawyers who focus on privilege issues are still coming to grips with the implications of the May 2017 decision in Director of the SFO v Eurasian Natural Resources Corporation Ltd (ENRC).

  • The interplay between confidentiality and privilege

    Submitted: 19 July 2017

    The courts continue to examine different aspects of this area and Garnham J’s decision in Simkin v The Berkeley Group is the latest example.

  • A privilege lesson from Singapore

    Submitted: 09 June 2017

    The Singapore Court of Appeal has considered when and where privilege might be lost if privileged information gets into the public domain.

  • Internal investigations and privilege: big challenges ahead

    Submitted: 16 December 2016

    Hildyard J has handed down a very important decision on the unavailability of legal advice privilege in relation to the conduct of interviews in the course of an internal investigation

  • Interview notes privilege and civil litigation

    Submitted: 08 December 2016

    The question of whether lawyers’ notes of interviews with company employees in the course of an investigation are privileged has been a hot topic recently

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