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

    Blog Post

    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.

  • 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.

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