You are here: Home Legal Topics Dispute Resolution - Commercial Privilege
A round up of the key developments in dispute resolution that you should be looking out for in 2017
Read our predictions
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
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.
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.
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?
View other articles in this series
Reviewing the more interesting cases arising under the law of legal professional privilege.
London 1 November 2018
New York 8 November 2018
View all events
View all training materials
© Simmons & Simmons LLP 2018. All rights reserved. Registered in England & Wales Registered Number OC352713
elexica Limited, CityPoint, One Ropemaker Street, London EC2Y 9SS