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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: 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: 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: 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.
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?
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.
Submitted: 29 January 2018
This blog post looks at Accident Exchange Ltd & Anor v McLean & Ors  EWHC 23 (Comm) which examines the crime-fraud exception to privilege in the context of a major motor credit hire fraud.
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.
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.
View other articles in this series
Reviewing the more interesting cases arising under the law of legal professional privilege.
London 26 June 2018
Amsterdam 27 June 2018
London 28 June 2018
London 3 July 2018
London 10 July 2018
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