LPP: handle with care – New Law Journal
‘Erosion of privilege—are we at the thin end of the wedge, asks David Owen.’
New Law Journal, 19th May 2017
Source: www.newlawjournal.co.uk
Category: privilege
SFO wins disclosure bid in legal privilege case – Law Society’s Gazette
‘Companies can no longer assume that private documents, including interview records used for internal investigations, will be protected after a High Court ruling this week, lawyers have claimed.’
Law Society’s Gazette, 10th May 2017
Source: www.lawgazette.co.uk
High Court rejects litigation privilege claim in test case – Litigation Futures
‘The High Court has rejected a mining company’s claim for litigation privilege in a test case which for the first time involves potential criminal, rather than civil, litigation.’
Litigation Futures, 10th May 2017
Source: www.litigationfutures.com
Confidentiality, Costs and Mediation – Garden Court Chambers
‘That mediation proceedings are confidential is taken as axiomatic. What is said and done in the course of a mediation remains there. The same goes for documents of whatever kind, and their contents, created for the purposes of the mediation. In the above case Master Howarth appears to have qualified these propositions to some extent.’
Garden Court Chambers, 31st January 2017
Source: www.gardencourtmediation.co.uk
Court of Appeal: law firms must comply with data requests even if purpose is to aid litigation – Legal Futures
‘Law firms must comply with data requests even if the purpose for seeking the documents is “assisting in litigation”, the Court of Appeal has ruled.’
Legal Futures, 22nd February 2017
Source: www.legalfutures.co.uk
Appeal court rules firm wrong to refuse disclosure of privileged information – Law Society’s Gazette
‘The Court of Appeal has ordered international firm Taylor Wessing to comply with an application for information it held about parties embarking on litigation despite the firm’s claim that the data was covered by legal professional privilege.’
Law Society’s Gazette, February 2017
Source: www.lawgazette.co.uk
Legal professional privilege can protect businesses that fall victim to cyber attacks, say experts – OUT-LAW.com
‘Businesses risk the disclosure of damaging IT forensics reports if they fail to take advantage of legal professional privilege in light of a cyber attack.’
OUT-LAW.com, 17th February 2017
Source: www.out-law.com
Dawson-Damer: The Irresistible Rise of the DPA – Panopticon
‘Hot off the presses comes the first of the Court of Appeal’s two forays into data protection law this term: Dawson-Damer v Tayor Wessing LLP [2017] EWCA Civ 74. It is an important decision and one well worth reading, particularly while waiting for round 2 (which has some overlaps) in Ittihadieh v 5-11 Cheyne Gardens / Deer v University of Oxford (likely to be handed down in the next month or so).’
Panopticon, 16th February 2017
Source: www.panopticonblog.com
Supreme Court “needs to clarify scope of legal advice privilege” – Litigation Futures
‘RBS’s solicitors have expressed disappointment that the Supreme Court will not now consider the issue of who is a client for the purposes of legal advice privilege, after its client dropped a planned appeal against the present “unhelpful and unworkable” position.’
Litigation Futures, 2nd February 2017
Source: www.litigationfutures.com
SARs and Legal Professional Privilege – Panopticon
‘It’s fair to say that the Supreme Court’s Brexit judgment has taken some attention from other legal developments of the day, but Holyoake v (1) Candy (2) CPC Group Limited [2017] EWHC 52 is another significant judgment on the scope of the subject access right under s.7 DPA.’
Panopticon, 25th January 2017
Source: www.panopticonblog.com
Privilege – Closing the Stable Door – Zenith PI Blog
‘Everyone knows that the privilege of communications between client and lawyer is a fundamental principle of English Common Law. But there has been some uncertainty as to what happens if the privilege is waived for the purpose of some litigation. That, it seems to me, is clearly dealt with by the Court of Appeal in the recent case of Eurasian Natural Resources Corp Ltd v Dechert LLP [2016] 1WLR 5027.’
Zenith PI blog, 3rd January 2017
Source: www.zenithpi.wordpress.com
Court of Appeal upholds injunction stopping Dechert from acting for two parties to case – Litigation Futures
‘The Court of Appeal has upheld an injunction that international law firm Dechert has to cease acting for the principal creditor of a Russian businessman because it is also acting for his trustees in bankruptcy and has access to thousands of documents that are covered by legal professional privilege.’
Litigation Futures, 21st November 2016
Source: www.litigationfutures.co.uk
Negotiating in the Shadow of the Court: Mediation in parallel with litigation – Family Law Week
‘Madeleine Reardon, barrister of 1 King’s Bench Walk, considers the role of mediation in the course of family proceedings, practical issues arising therefrom and, in particular, confidentiality of the mediation process.’
Family Law Week, 27th October 2016
Source: www.familylawweek.co.uk
Cost benefit analysis – New Law Journal
‘Wasted costs orders can only be made against a representative, whereas non-party costs orders can be made against anyone, including a representative.’
New Law Journal, 20th October 2016
Source: www.newlawjournal.co.uk
Children: Public Law Update (August 2016) – Family Law Week
‘John Tughan QC, 4 Paper Buildings, reviews recent decisions relevant to public children lawyers, including two important recent decisions of the Court of Appeal.’
Family Law Week, 11th August 2016
Source: www.familylawweek.co.uk
Lords sound legal privilege alarm over snooping bill – Law Society’s Gazette
‘Distinguished legal figures on the red benches lined up to condemn threats to professional privilege posed by the government’s investigatory powers bill as it passed its second reading in the House of Lords this week.’
Law Society’s Gazette, 29th June 2016
Source: www.lawgazette.co.uk
Legal professional privilege under fire – Halsbury’s Law Exchange
‘Sometimes the most fundamental principles can be most vulnerable to attack and/or erosion. As the government strives to tackle the threat posed by those who seek to undermine our democratic values in the context of an increasingly digital age, legal professional privilege (LPP) is in danger of becoming just that kind of principle.’
Halsbury’s Law Exchange, 28th June 2016
Source: www.halsburyslawexchange.co.uk
High Court orders solicitors to cease acting for client – Litigation Futures
‘The High Court has ordered international law firm Dechert to cease acting for the principal creditor of a Russian businessman because it is also acting for his trustees in bankruptcy and has access to thousands of documents that are covered by legal professional privilege.’
Litigation Futures, 9th May 2016
Source: www.litigationfutures.com
CA says huge solicitor-own client costs assessment can be held in private – Litigation Futures
‘The Court of Appeal has upheld a decision to conduct a solicitor-own client assessment in private so as to protect legal professional privilege (LPP), even though the client had given a waiver to enable international law firm Dechert to defend its multi-million pound bills.’
Litigation Futures, 20th April 2016
Source: www.litigationfutures.com
