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A round up of the key developments in dispute resolution that you should be looking out for in 2017
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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).
Submitted: 20 September 2018
Director of the SFO V Eurasian Natural Resources Corporation Limited: the Court of Appeal judgment.
Last Reviewed: 19 September 2018 / 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.
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: 18 September 2018
Celebrated as a big win for legal professional privilege, what difference will the Court of Appeal decision in Director of the SFO v ENRC make in practice?
Last Reviewed: 23 August 2018 / Submitted: 28 January 2014
Our dedicated privilege microsite, Passmore on Privilege, is a user friendly guide to the key principles of legal professional 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.
Submitted: 12 March 2018
Reviewing the more interesting cases arising under the law of legal professional privilege.
London 23 January 2019
London 6 February 2019
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