Legal professional privilege in the UK – OUT-LAW.com
‘If a document is privileged, the basic position is it can be withheld from third parties.’
OUT-LAW.com, 13th May 2022
Source: www.pinsentmasons.com
Category: privilege
Identity of person instructing solicitors not covered by privilege – Legal Futures
‘The High Court has rejected a company’s claim to litigation privilege over the identity of who instructed its lawyers.’
Legal Futures, 16th May 2022
Source: www.legalfutures.co.uk
Funder refused permission to use privileged material in ‘fraud’ claim – Legal Futures
‘The High Court has refused a litigation funder’s bid to use privileged material to overturn a divorce settlement which it says deliberately provides no assets for the wife to pay the £1m she owes it.’
Legal Futures, 4th January 2022
Source: www.legalfutures.co.uk
CA rejects privilege challenge to file access in lawyer negligence claim – Legal Futures
‘The solicitors to claimants who acquired a cause of action to sue the insolvent defendant’s lawyers for professional negligence cannot be prevented from accessing privileged material, the Court of Appeal has ruled.’
Legal Futures, 2nd July 2021
Source: www.legalfutures.co.uk
Documents privileged despite ‘element of deception’ – Law Society’s Gazette
‘The High Court has ruled that a litigant’s legal documents must remain privileged despite it being accepted they were part of an information-gathering deception.’
Law Society's Gazette, 9th June 2021
Source: www.lawgazette.co.uk
Freshfields report into bank rape allegations not covered by privilege – Law Society’s Gazette
‘A report prepared by magic circle firm Freshfields into the alleged rape of a bank employee was not covered by legal privilege, according to an employment tribunal ruling that has now been made public.’
Law Society's Gazette, 21st April 2021
Source: www.lawgazette.co.uk
Judge allows use of documents shared by mistake – Law Society’s Gazette
‘A High Court judge has granted defendants permission to use documents inadvertently shared by the claimants’ solicitors before trial.’
Law Society's Gazette, 22nd March 2021
Source: www.lawgazette.co.uk
Court allows defendants to use statements disclosed by mistake – Litigation Futures
‘The High Court has granted permission to defendants to use the contents of four otherwise privileged witness statements which were disclosed by the claimants’ solicitors by mistake.’
Litigation Futures, 22nd March 2021
Source: www.litigationfutures.com
Privilege waived in litigation between law firms – Legal Futures
‘The High Court has ruled that legal professional privilege was waived by the liquidators of a company when they released a set of documents to a litigant to help her sue her law firm for negligence.’
Legal Futures, 9th February 2021
Source: www.legalfutures.co.uk
Email attachments not covered by legal privilege, court clarifies – Law Society’s Gazette
‘Email attachments are not to be covered by legal professional privilege even if the email is, the Supreme Court effectively decided this week.’
Law Society's Gazette, 21st January 2021
Source: www.lawgazette.co.uk
Email attachments are not privileged just because message is – Legal Futures
‘The Supreme Court has refused to interfere in a ruling that legal professional privilege (LPP) which covers an email does not extend to any attachments.’
Legal Futures, 21st January 2021
Source: www.legalfutures.co.uk
Breaching Legal Advice Privilege – Family Law Week
‘Henry Clayton, barrister of 4PB, considers the circumstances in which documents which purport to be privileged are, in fact, admissible.’
Family Law Week, 14th January 2021
Source: www.familylawweek.co.uk
Legal Professional Privilege: Breach of a Company Director’s Duties and the Iniquity Exception in Practice – Exchange Chambers
‘LPP has been described as “a fundamental condition on which the administration of justice as a whole rests” (R v Derby Magistrates’ Court, Ex p B [1996] AC 487, 507). In the last few years there has been a significant amount of litigation relating to documents subject to LPP (see for instance Sports Direct International plc v Financial Reporting Council [2020] EWCA Civ 177 and Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600). This is perhaps not surprising given how valuable and sensitive such documents will be in any litigation or investigation by a regulator. Each of these cases tests the boundaries of LPP. The recent decision of Tom Leech QC sitting as a judge of the High Court in Barrowfen is one such decision and particularly important for those who advise directors or are bringing or defending a claim against directors. Barrowfen is an important decision on the iniquity exception in the context of allegations of breaches by a director of his statutory duties under the Companies Act 2006.’
Exchange Chambers, 4th January 2021
Source: www.exchangechambers.co.uk
Parliament could get legal powers to summon witnesses, MP says – The Guardian
‘Parliament could soon be given legal powers to summon reluctant witnesses such as Dominic Cummings and Rupert Murdoch to answer questions from MPs, according to the chair of a Commons committee.’
The Guardian, 28th October 2020
Source: www.theguardian.com
High Court rejects challenge to foreign in-house lawyers’ privilege – Legal Futures
‘Legal advice privilege extends to communications with foreign lawyers working in-house even if they are not recognised or regulated as “professional lawyers”, the High Court has ruled.’
Legal Futures, 14th September 2020
Source: www.legalfutures.co.uk
GMC can investigate solicitor doctor over legal advice – Legal Futures
‘A claim that a solicitor who is also a doctor provided dishonest advice to his clients can be subject to the General Medical Council’s (GMC) disciplinary process, the High Court has ruled.’
Legal Futures, 15th June 2020
Source: www.legalfutures.co.uk
High Court: Experts owe clients “fiduciary duty of loyalty” – Litigation Futures
‘Expert witnesses owe a fiduciary obligation of loyalty to their client and it is not satisfied simply by putting in place measures to preserve confidentiality and privilege, the High Court has ruled.’
Litigation Futures, 16th April 2020
Source: www.litigationfutures.com
Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Anor [2020] EWCA Civ 11 – Hardwicke Chambers
‘The Appellant was a corporate and investment bank (the “Bank”). On 7 May 2015, it entered into a Sale and Purchase Agreement (the “Agreement”) as the seller of a 23.8% shareholding in an Indonesian company traded on the London Stock Exchange. The Respondent solicitors, (“Ashurst”), had acted for the First Defendant, the counterparty buyer under the Agreement (“ACE”).’
Hardwicke Chambers, 5th March 2020
Source: hardwicke.co.uk
Mirror’s in-house lawyers under phone-hacking scrutiny – Legal Futures
‘The High Court has rejected a bid to strike out the claim by various public figures that the legal department of MGN Group knew about phone hacking at the Daily Mirror.’
Legal Futures, 11th March 2020
Source: www.legalfutures.co.uk
