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  • Privilege


    Submitted: 12 March 2018

  • Conduct of claims clauses and privilege


    Submitted: 05 March 2018

    ​A recent High Court judgments suggests that a party controlling litigation pursuant to a "conduct of claims" clause in an SPA cannot benefit from litigation privilege.​

  • Common interest privilege

    Blog Post

    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.

  • Court of Appeal endorses ENRC on when criminal proceedings are in contemplation


    Submitted: 20 February 2018

    The Criminal Court of Appeal considered a claim for litigation privilege over documents generated when matters were still at an investigatory stage, agreeing with the analysis in ENRC as to when a criminal prosecution can be said to be in reasonable contemplation.

  • Litigation privilege upheld in tax investigation case


    Submitted: 08 February 2018

    ​In Bilta v RBS the court held that notes of interviews made in the course of an investigation were covered by litigation privilege. How did this case differ from SFO v ENRC?

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

    Blog Post

    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?

    Blog Post

    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

    Blog Post

    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.

  • Crime, fraud and investigations 2018: SFO v ENRC appeal


    Submitted: 03 January 2018

    In July 2018 the Court of Appeal will hear the appeal in SFO v ENRC, a case with major implications for privilege.

  • Recent decisions on Legal Privilege: Practical lessons for transactional lawyers Restricted access


    Last Reviewed: 24 October 2017 / Submitted: 11 October 2017

    The recent High Court judgments in SFO v ENRC and Re RBS Rights Issue Litigation have been closely and carefully analysed by the legal community, particularly those engaged in contentious work. But the implications of those decisions for the working practices of transactional lawyers are also profound. This session explores the practical lessons to be learned.

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