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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.
20 Jun 2019
In Young v Royal and Sun Alliance, the Scottish Court of Session held that the insurer had not waived nondisclosure under the Insurance Act 2015.
14 Jun 2019
The International Underwriting Association has published draft cyber loss exclusions in an attempt to combat uncertainty in “silent” cyber risk cover.
10 Jun 2019
In Sartex Quilts & Textiles Limited v Endurance Corporate Capital, the court looked at the principles applicable to the measure of recovery for property loss, including questions of betterment
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