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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.
Submitted: 07 June 2019
There are very few instances where statutory powers interfere with a client’s entitlement to assert privilege.
One concerning exception is so-called “technical” abrogations, which are beginning to spread.
Submitted: 17 January 2019
In this blog post Colin Passmore considers Jet2 v CAA, in which Morris J. held that claims for LAP are subject to a dominant purpose test.
Submitted: 04 December 2018
This blog post examines the second of two recent post ENRC decisions on litigation privilege.
This blog post examines the first of two recent post ENRC decisions on litigation privilege.
Submitted: 21 November 2018
Now the fuss over the decision in SFO v ENRC decision has died down, it is worth focussing on comments the Court of Appeal made about the interplay between privilege and Deferred Prosecution Agreements (DPAs).
Last Reviewed: 19 September 2018 / Submitted: 01 May 2018
The Divisional Court has added support to the proposition that litigation privilege is not available in a criminal context until the prosecution authorities have decided actually to prosecute.
Submitted: 21 August 2018
This post looks at a recent decision which highlights concerns that the threshold required to be reached to invoke the exception is being weakened.
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.
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.
Submitted: 29 January 2018
This blog post looks at Accident Exchange Ltd & Anor v McLean & Ors  EWHC 23 (Comm) which examines the crime-fraud exception to privilege in the context of a major motor credit hire fraud.
21 Aug 2019
This blog reviews the Court's decision in Lessees and Management Co of Herons Court v NHBC Building Control Services Limited  EWCA Civ 1423.
19 Aug 2019
The Danish FSA have announced that the “lapse date” for any conditional temporary cross-border licences which have already been granted to UK firms, will be automatically extended to 31 December 2019. This means that so long as a Hard Brexit occurs before 31 December 2019 the licences will be valid for 12 months from the Hard Brexit date.
12 Aug 2019
The Central Bank of Ireland issued a letter to the funds industry on 17 November 2017, which highlighted the need for the boards of self-managed UCITS and AIFs and externally appointed UCITS management companies and alternative investment fund managers to ensure that funds under their remit were adequately prepared for the impact of Brexit, including the extent to which updates would be required to fund documentation.
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