13 May, 2021 Berkeley Square v Lancer: A reassessment of the exceptions to the without prejudice rule under English law By Anthea Bowater Daniel Gold In Berkeley Square Holdings Limited & Others v Lancer Property Asset Management Limited & Others, the English Court of Appeal has upheld...
28 Jan, 2021 The ‘unambiguous impropriety’ exception to without prejudice privilege in English law: near-impossible? By Anthea Bowater Daniel Gold The English Court of Appeal has reaffirmed the extremely narrow scope of the ‘unambiguous impropriety’ exception to without prejudice...
16 Jun, 2020 High Court decides auditors – not audit clients – are to assess whether documents are privileged and can be withheld from the FRC By Lucy Isaac An auditor producing documents to the Financial Reporting Council (the FRC) must make its own assessment of whether those documents are...
12 May, 2020 Losing WP privilege: two narrow exceptions in the spotlight in the UK By Daniel Gold Anthea Bowater Exceptions to the without prejudice rule are notoriously restricted, given that the fundamental premise of the rule is that litigants...
03 Feb, 2020 Legal advice privilege: Court of Appeal says there is a dominant purpose test By Miryam Farrelly On 28 January 2020 the England and Wales Court of Appeal handed down its judgment in The Civil Aviation Authority v Jet2.Com Ltd, R. (on...
07 Dec, 2018 Court of Appeal clarifies meaning of “conducting litigation” By Rebecca Fenning The Court of Appeal, in WH Holding Ltd & Anor v E20 Stadium LLP, has handed down judgment clarifying the meaning of “conducting...
17 Sep, 2018 Another bombshell on privilege - and interesting repercussions for auditors / audit clients By Ali Kirby-Harris No sooner has the dust settled on the ENRC decision, than the High Court delivers another sizzler… developing the law on privilege...
23 Apr, 2018 R(AL) v SFO: Pressure on SFO to require production of first interview notes By Edward Levene “The law as it stands today is settled. Privilege does not apply to first interview notes.” This is the view expressed by the High Court...
07 Feb, 2018 UK banking litigation – the key trends of 2017 and what to watch in 2018 By Emma Probyn Much as they did in 2016, cross-border financial transactions continued to generate litigation throughout 2017, and the English courts...
08 Jun, 2017 Six Questions Everyone Should Ask About Legal Privileges By Alan Guy It is a scenario that happens all too often within global businesses: upon hearing of potential misconduct or a possible legal dispute,...
18 May, 2017 Legal Professional Privilege in EU merger control By Thomas Wilson The European Commission increasingly issues large document requests in complex merger cases. The number of requested documents has...