Passmore on Privilege

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

    Dernière révision: 19 September 2018 / Envoyé: 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.

  • The crime-fraud exception to privilege

    Envoyé: 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.

  • Common interest privilege

    Envoyé: 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.

  • The effect of a duty of confidentiality owed by a witness

    Envoyé: 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?

    Envoyé: 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

    Envoyé: 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.

  • The ENRC and the RBS Rights Issue Litigation

    Dernière révision: 10 October 2017 / Envoyé: 18 July 2017

    ENRC and RBS Rights Issue Litigation: where are we now?

  • Communications for the purpose of legal advice - the Australian approach to privilege

    Envoyé: 08 August 2017

    English lawyers who focus on privilege issues are still coming to grips with the implications of the May 2017 decision in Director of the SFO v Eurasian Natural Resources Corporation Ltd (ENRC).

  • The interplay between confidentiality and privilege

    Envoyé: 19 July 2017

    The courts continue to examine different aspects of this area and Garnham J’s decision in Simkin v The Berkeley Group is the latest example.

  • A privilege lesson from Singapore

    Envoyé: 09 June 2017

    The Singapore Court of Appeal has considered when and where privilege might be lost if privileged information gets into the public domain.

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