In 2023, the international arbitration landscape is dominated by macroeconomic factors. The inflationary pressures combined with price volatility and the use of sanctions by governments following Russia’s invasion of Ukraine...more
A recent High Court appeal decision in Ahuja Investments Limited v (1) Victorygame Limited and (2) Surjit Singh Pandher has permitted a creative, yet deceptive, litigation strategy by a claimant seeking to withhold...more
Businesses' ability to adapt to the "new normal" of remote working in the UK has been astonishing and commendable. However, the official communication lines that protect legal privilege (amongst other things) may be eroded if...more
On appeal in the High Court from an application decision by Master Davison, Warby J has confirmed that confidential schedules to Tomlin Orders are compatible with open justice and that, while the Court has power to stay...more
Any recorded communication (for example: emails, recorded phone conversations (including voicemails), letters, memoranda, computer records etc) may have to be produced to the other party in litigation or other adversarial...more
The Court ruled on the “dominant purpose” test and offered guidance on the status of multiparty emails, and attachments. Two recent Court of Appeal judgments have sought to clarify, and offer practical guidance relating...more
In The Civil Aviation Authority v R (on the application of Jet2.com Limited), the Court of Appeal, upholding the High Court decision, has affirmed that legal advice privilege (LAP) is subject to a dominant purpose test. This...more
In Civil Aviation Authority v. R (on the Application of Jet2.com Ltd.), the English Court of Appeal clarified the test for legal advice privilege, confirming the need to show that the dominant purpose of the relevant...more
In Raffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Ashurst LLP, the Court of Appeal distinguished the case of Conlon v Conlons Ltd, and provided a helpful analysis of the circumstances in which instructions...more
The Court examined “without prejudice” privilege and litigation privilege as they apply to settlement agreements and their inspection by co-defendants. In BGC Brokers LP & Ors v. Tradition UK & Ors, the English Court of...more
The decision clarifies how lawyer-client privilege applies in the context of transactions. The recent English High Court decision Raiffeisen Bank International AG v Asia Coal Energy Ventures Limited and Ashurst provides...more
Claims for legal advice privilege were said to be subject to a dominant purpose test, namely whether the communication or document was brought into existence with the dominant purpose of it or its contents being used to...more
In the latest round of legal issues relating to West Ham United FC's move to the London Stadium, the Court of Appeal found that confidential internal emails between board members and other stakeholders, for the purposes of...more
Internal emails at a corporate client to discuss a commercial settlement proposal were not covered by litigation privilege. The Court of Appeal held that for litigation privilege to apply the communications must always be...more
The English Court of Appeal's much - anticipated decision on legal professional privilege in Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Ltd. contains mixed news for companies conducting...more
On 5 September the Court of Appeal handed down its judgment in the long-awaited, and much discussed, case of SFO v ENRC. Justice Andrews’ ruling in the lower court, which rejected ENRC’s claim to litigation privilege, had...more
In a much-anticipated appellate decision, the Court of Appeal of England and Wales has clarified English law regarding litigation privilege applicable to internal investigations, which has significant implications for US...more
Weekly newsletter on employment matters. In this weeks issue: - Don't break it – rest periods have to be uninterrupted... - Is that relevant? Disclosure of documents between employee and union...more
On October 11, 2017, Eurasian Natural Resources Corporation was granted permission by the Court of Appeal to appeal the High Court's ruling articulating a significant restriction on the scope of legal professional privilege...more
On 8 May 2017, the English High Court of Justice handed down judgment in The Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Ltd,1 which could significantly limit the application of litigation...more
In December 2016, the English High Court ruled that transcripts, notes and other records of witness interviews prepared by in-house and external counsel in the course of an internal investigation were not covered by either...more
Astex Therapeutics Limited v Astrazeneca AB [2016] EWHC 2759 (Ch), 8 November 2016 - In-house and external lawyers' attendance notes of conversations with employees of a client company who are not directly involved in...more
The High Court has delivered an important judgment on the application of legal advice privilege to factual reports delivered by lawyers to their clients in the context of a regulatory investigation. In the case of Property...more