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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  • Legal advice privilege claims are subject to dominant purpose test

    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.

  • Litigation privilege post ENRC - part 2

    Submitted: 04 December 2018

    This blog post examines the second of two recent post ENRC decisions on litigation privilege.

  • Litigation privilege post ENRC - part 1

    Submitted: 04 December 2018

    This blog post examines the first of two recent post ENRC decisions on litigation privilege.

  • What does SFO v ENRC mean for Deferred Prosecution Agreements?

    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).

  • Another damaging decision on interview notes and waiver vis a vis the SFO

    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.

  • The crime-fraud exception to privilege

    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.

  • 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.

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