Category: privilege

High Court rejects the existence of a shareholder’s right to inspect privileged company documents: Aabar Holdings S.à.r.l. v Glencore Plc & Other – 4 New Square

Posted December 5th, 2024 in chambers articles, documents, news, privilege, shareholders by tracey

‘In this article, 4 New Square’s Shail Patel KC and Ed Grigg consider the High Court’s recent decision in Aabar Holdings S.à.r.l. v Glencore Plc & Others [2024] EWHC 3046 (Comm), which considered the right of a company to assert privilege, in various circumstances, against its own shareholders.’

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4 New Square, 4th December 2024

Source: www.4newsquare.com

New legal privilege guidance for in-house lawyers in England – OUT-LAW.com

Posted November 25th, 2024 in disclosure, employment, legal profession, news, privilege, solicitors, Solicitors Regulation Authority by tracey

‘Legal advice given by in-house lawyers will, under English law, attract privilege in the same way as legal advice given by any other lawyers, but there are certain issues in-house lawyers should pay particular attention to when considering legal professional privilege, according to new guidance by the Solicitors Regulation Authority (SRA).’

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OUT-LAW.com, 22nd November 2024

Source: www.pinsentmasons.com

Privilege series part 1: Privilege in shareholder disputes – is change afoot? – Kingsley Napley Immigration Blog

Posted November 15th, 2024 in chambers articles, dispute resolution, news, privilege, shareholders by sally

‘For over a century, it has been a well-established rule that a company cannot claim legal privilege against its own shareholders (Woodhouse & Co. Ltd v Woodhouse). This grants shareholders the right to access legal advice obtained by the company concerning its affairs. However, there is a recognised exception to this rule: if the legal advice pertains to actual or anticipated litigation between the company and the shareholder, the company can claim privilege.’

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Kingsley Napley Immigration Blog, 14th November 2024

Source: www.kingsleynapley.co.uk

Judges releases law firm from privilege to defend claim – Legal Futures

Posted August 29th, 2024 in arbitration, fiduciary duty, insolvency, law firms, loans, news, privilege by sally

‘A City law firm will be able to fully defend itself from serious allegations in the High Court after a judge held that its former clients cannot claim legal professional privilege (LPP) because of the iniquity exemption.’

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Legal Futures, 29th August 2024

Source: www.legalfutures.co.uk

The iniquity ‘exception’ to Legal Professional Privilege (Al Sadeq v Dechert LLP) – Gatehouse Chambers

Posted March 14th, 2024 in chambers articles, fraud, legal profession, news, privilege by sally

‘Dispute Resolution analysis: All lawyers know the principle and no doubt regularly rely on legal professional privilege (“LLP”) being a corner stone of the English legal system. However, LLP is not apposite to protect against participation (active or passive) in the commission of fraud. This principle has somewhat inelegantly been described as the “iniquity exception”: – inelegant because it is not an exception (strictly speaking) and rather than applying to iniquity it is applicable in all species of fraud, spanning both criminal and civil jurisdictions.’

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Gatehouse Chambers, 4th February 2024

Source: gatehouselaw.co.uk

UK court decision provides clarity on scope of litigation privilege – OUT-LAW.com

Posted February 12th, 2024 in appeals, disclosure, documents, fraud, legal profession, news, privilege by tracey

‘A recent Court of Appeal judgment provides useful clarity that non-parties can be entitled to the protection of litigation privilege, an expert has said.’

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OUT-LAW.com, 8th February 2024

Source: www.pinsentmasons.com

High Court refuses leave to appeal $11bn arbitration ruling – Legal Futures

Posted January 25th, 2024 in appeals, arbitration, barristers, fraud, news, privilege, professional conduct, solicitors by sally

‘The potential consequences for two lawyers the High Court has referred to their regulators are not reasons to grant leave for an appeal, the judge has ruled after setting aside a $11bn arbitration award against the Republic of Nigeria.’

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Legal Futures, 25th January 2024

Source: www.legalfutures.co.uk

High Court ruling on ‘without prejudice’ privilege renders adjudication unenforceable – OUT-LAW.com

Posted October 25th, 2023 in bias, dispute resolution, news, privilege, without prejudice communications by sally

‘A disputed adjudicator’s decision is unenforceable due to apparent bias, according to the High Court in England, after privileged communications were wrongly deemed admissible as evidence during the proceedings.’

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OUT-LAW.com, 25th October 2023

Source: www.pinsentmasons.com

Nigeria wins arbitration award fight against P&ID as judgment referred to regulators over lawyers’ conduct – Law Society’s Gazette

Posted October 24th, 2023 in arbitration, barristers, disclosure, documents, news, privilege, professional conduct, solicitors by tracey

‘A High Court judgment naming lawyers involved in an arbitration award under which Nigeria was ordered to pay a sum equal to its entire federal budget is to be sent to legal regulators, a judge ordered today.’

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Law Society's Gazette, 23rd October 2023

Source: www.lawgazette.co.uk

High Court removes privilege in fraud claim involving top law firm – Legal Futures

Posted August 2nd, 2023 in disclosure, documents, fraud, insolvency, law firms, legal profession, news, privilege by sally

‘Legal professional privilege should not apply in a case where there is a “very good arguable case” that a client used global firm DLA Piper’s services to assist a fraud, the High Court has ruled.’

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Legal Futures, 2nd August 2023

Source: www.legalfutures.co.uk

UK court ruling highlights privilege and disclosure issues relating to emails in corporate IT systems – OUT-LAW.com

Posted December 15th, 2022 in confidentiality, disclosure, electronic mail, news, privacy, privilege by tracey

‘A recent decision by the England and Wales High Court, refusing to grant a declaration that company officers could not assert privilege in respect of emails stored in a corporate email system, provides useful lessons to businesses on legal professional privilege and disclosure, according to a legal expert.’

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OUT-LAW.com, 14th December 2022

Source: www.pinsentmasons.com

Identity of those instructing solicitors not protected by litigation privilege – Legal Futures

Posted November 15th, 2022 in anonymity, news, privacy, privilege, solicitors by sally

‘There is no general rule that the identity of those instructing solicitors on behalf of a corporate client is protected by litigation privilege, the Court of Appeal has ruled.’

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Legal Futures, 15th November 2022

Source: www.legalfutures.co.uk

Firm fails in bid for injunction to stop use of letter it disclosed in error – Legal Futures

Posted August 26th, 2022 in disclosure, evidence, expert witnesses, injunctions, law firms, news, privilege by tracey

‘The High Court has refused a leading law firm an injunction to stop an opposing party making a use of a document it disclosed by mistake that cast doubt on an expert’s independence.’

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Legal Futures, 26th August 2022

Source: www.legalfutures.co.uk

Legal professional privilege in the UK – OUT-LAW.com

Posted May 16th, 2022 in confidentiality, disclosure, documents, legal advice, legal profession, news, privilege, third parties by tracey

‘If a document is privileged, the basic position is it can be withheld from third parties.’

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OUT-LAW.com, 13th May 2022

Source: www.pinsentmasons.com

Identity of person instructing solicitors not covered by privilege – Legal Futures

Posted May 16th, 2022 in confidentiality, disclosure, fraud, law firms, misrepresentation, news, privilege, solicitors by tracey

‘The High Court has rejected a company’s claim to litigation privilege over the identity of who instructed its lawyers.’

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Legal Futures, 16th May 2022

Source: www.legalfutures.co.uk

Funder refused permission to use privileged material in ‘fraud’ claim – Legal Futures

Posted January 4th, 2022 in divorce, family courts, financial dispute resolution, news, privilege, third parties by tracey

‘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.’

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Legal Futures, 4th January 2022

Source: www.legalfutures.co.uk

Barrister waived privilege in document by showing it to opposing counsel – Legal Futures

Posted September 22nd, 2021 in barristers, disclosure, evidence, news, privilege, repossession, witnesses by sally

‘Counsel for a defendant in possession proceedings voluntarily disclosed a draft witness statement to her opposing number and in doing so waived privilege, the High Court has ruled.’

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Legal Futures, 22nd September 2021

Source: www.legalfutures.co.uk

CA rejects privilege challenge to file access in lawyer negligence claim – Legal Futures

Posted July 2nd, 2021 in appeals, class actions, cosmetic surgery, damages, disclosure, insurance, law firms, negligence, news, privilege, solicitors by tracey

‘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.’

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Legal Futures, 2nd July 2021

Source: www.legalfutures.co.uk

Documents privileged despite ‘element of deception’ – Law Society’s Gazette

Posted June 10th, 2021 in disclosure, documents, misrepresentation, negligence, news, privilege by sally

‘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.’

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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

Posted April 21st, 2021 in banking, constructive dismissal, disclosure, employment, employment tribunals, law firms, legal services, news, privilege, rape, sexual offences, solicitors, Solicitors Regulation Authority by tracey

‘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.’

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Law Society's Gazette, 21st April 2021

Source: www.lawgazette.co.uk