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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: 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: 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.
Visit our dedicated resource focusing on the difficult strategic decisions companies must face when an incident leads to multiple legal proceedings and/or enforcement actions:
Managing multiple stakeholders
Balancing strategic interests
Utilising procedural mechanisms
Addressing related decisions
Mitigating practical challenges
Liaising with witnesses
Handling case materials
2019 is likely to be an interesting year for commercial disputes, with several trends set to dominate. Read our ‘What to look out for in Disputes in 2019’ for an overview of developments in the year ahead, as well as what this means for you.
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