‘A party’s claim to legal advice privilege over two internal emails has been rejected by the High Court, which has also ordered a privileged document disclosed by mistake destroyed.’
Litigation Futures, 8th November 2018
Source: www.litigationfutures.com
‘The ongoing uncertainty around the post-Brexit landscape, a vital appeal decision over legal professional privilege and disclosure reforms have been dominating the headlines for litigators.’
New Law Journal, 1st November 2018
Source: www.newlawjournal.co.uk
‘The Serious Fraud Office (SFO) will not appeal to the Supreme Court last month’s ruling that documents generated in connection with an investigation into the Eurasian Natural Resources Corporation (ENRC) were protected by litigation privilege, it has confirmed.’
OUT-LAW.com, 3rd October 2018
Source: www.out-law.com
‘Documents sought by the Financial Reporting Council (FRC) from Sports Direct in connection with an FRC investigation into Sports Direct’s auditor must be handed over, the High Court has ruled.’
OUT-LAW.com, 17th September 2018
Source: www.out-law.com
‘The Director of the SFO v ENRC [2018] EWCA Civ 2006. Eurasian Natural Resources Corp, the defendant to the Serious Fraud Office’s application to enforce notices seeking to compel the production of documents, has had a chequered history in the last 10 years since it came to the London market (in January 2014 it delisted and went private). In December 2010, a whistleblower alerted the company by email to serious allegations of corruption, fraud and bribery within its group.’
UK Human Rights Blog, 10th September 2018
Source: ukhumanrightsblog.com
‘The protective scope of professional privilege received an important boost today when an appeal ruled that in-house advice prepared prior to court proceedings is as protected by privilege as that given in the defence of proceedings. In a much awaited ruling, the President of the Queen’s Bench Division Sir Brian Leveson, Chancellor of the High Court Sir Geoffrey Vos and Lord Justice McCombe this morning backed an appeal over a High Court ruling that a business under investigation by the Serious Fraud Office should turn over materials prepared for an earlier internal investigation.’
Law Society's Gazette, 5th September 2018
Source: www.lawgazette.co.uk
‘Employment tribunals should generally give the benefit of doubt to a legal representative facing a wasted costs applications where their client refuses to waive privilege, the president of the Employment Appeal Tribunal (EAT) has decided.’
Litigation Futures, 31st August 2018
Source: www.litigationfutures.com
‘A long-serving solicitor has been allowed to use a leaked internal email and overheard pub conversation as evidence for a discrimination claim against his former firm.’
Legal Futures, 10th August 2018
Source: www.legalfutures.co.uk
‘Family analysis: Sarah Bazaraa, senior associate at Pannone Corporate LLP, looks at the unusual facts in Bruzas v Saxton [2018] EWHC 1619 (Fam), [2018] All ER (D) 160 (Jun) and considers whether the issues raised in the case may redefine the boundaries of legal professional privilege.’
Family Law, 1st August 2018
Source: www.familylaw.co.uk
‘The president of the Family Division is to be asked what the court should do in the highly unusual case of a ‘whistleblower’ from the solicitors of one party to a divorce sending it legally privileged information.’
Legal Futures, 27th June 2018
Source: www.legalfutures.co.uk
‘On 10 April 2018, President Donald Trump tweeted “Attorney-client privilege is dead!” This was not the President’s deep analysis of the state of legal professional privilege (LLP) but a reaction to the raid on the offices of one of his former lawyers and the seizing of a quantity of documentation.’
Hardwicke Chambers, 25th May 2018
Source: www.hardwicke.co.uk
‘This article considers the decision in ZS v FS [2017] EWHC 2660 (Fam), in which a husband failed in his application to prevent his ex-wife’s solicitor from acting.’
Family Law, 18th June 2018
Source: www.familylaw.co.uk
‘The mining company at the centre of a row over professional privilege has called for an independent inquiry into the Serious Fraud Office (SFO), accusing the office of failing to investigate a whistleblower’s letter.’
Law Society's Gazette, 14th June 2018
Source: www.lawgazette.co.uk
‘In UK tax avoidance disputes there are practical difficulties in asserting legal privilege to prevent legal advice being disclosed to HM Revenue & Customs (HMRC) where the taxpayer has to explain the motivations behind a transaction, but properly asserting privilege should never be seen as being ‘uncooperative’.’
OUT-LAW.com, 9th May 2019
Source: www.out-law.com
‘The High Court’s ruling that an insurance policy holder cannot be forced to disclose documents covered by litigation privilege is open to appeal because of apparent inconsistencies in the ruling’s approach to privilege.’
OUT-LAW.com, 20th March 2018
Source: www.out-law.com
‘A solicitor compelled to give evidence about a billionaire Russian client’s assets, and forbidden from revealing his court appearance to the client, has lost his appeal against those orders.’
Legal Futures, 28th February 2018
Source: www.legalfutures.co.uk
‘An attempt to claim litigation privilege by global mining and commodities giant Glencore, in a case where it was not the party to proceedings, has been rejected by the High Court.’
Litigation Futures, 27th February 2018
Source: www.litigationfutures.com
‘The High Court has confirmed that legal privilege can apply to investigations on the right set of facts, restoring some certainty to a position that has been up for debate since May 2017.’
OUT-LAW.com, 5th February 2018
Source: www.out-law.com
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