The location of the data is not sufficient to avoid a disclosure order.
When it comes to personal devices, people increasingly communicate across multiple platforms, often in an informal and unguarded manner. ...more
Litigants should take particular care when drafting witness statements to avoid waiving privilege.
In Guest Supplies Intl Limited v South Place Hotel Limited, D&D London Limited[i], the UK High Court held that a reference...more
Litigation privilege and the circumstances in which courts will inspect documents over which privilege has been claimed.
In a significant decision, the English Court of Appeal has restricted the scope of litigation...more
Legal professional privilege allows clients to share information with lawyers, knowing it need not be revealed in court. Privilege extends to legal advice generally, and to documents prepared in contemplation of litigation. ...more
Corporations should take steps to ensure their internal investigations are not used against them in English litigation.
A recent decision in an English court could have important consequences for internal corporate...more
“Privilege is a fundamental human right guaranteed by the common law, and a principle which is central to the administration of justice. Once a document is subject to privilege, the privilege is absolute: it cannot be...more
7 steps companies can take to maximize privilege protections under US and English law.
Key Points:
..In a recent case, an English court stated that privilege did not apply to notes of employee interviews,...more
Following Three Rivers (No 5) [2003] EWCA Civ 474, the High Court has held that notes of interviews of employees, prepared as part of certain internal investigations by a bank’s solicitors, for the purpose of enabling the...more