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Privileged Documents United Kingdom

Jones Day

Fraud, Electronic Data Sources and Claims to Privilege in the United Kingdom—Lessons From Brian Glasgow v David Ames

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In Short - The Situation: Insolvency officeholders increasingly find their investigations into a company's affairs frustrated by the comingling of records on a "group" server. Claims to privilege by other group entities (or...more

Cooley LLP

Privilege: Privacy and Confidentiality Are Not to Be Equated

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In Jinxin Inc v Aser Media PTE Ltd & Others, the High Court of England and Wales determined that directors’ personal emails and documents on a company’s computer system were confidential, despite the company’s ability to...more

A&O Shearman

High Court holds no litigation privilege where expert used as “ballast in the correspondence”

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Expert advice on the pricing of forward freight agreements, used to “make good any legitimate grievance” and “add ballast” in correspondence concerning alleged corporate mismanagement, was not covered by litigation privilege...more

White & Case LLP

No third party production: FRC loses its demand for Sports Direct's privileged documents

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Court battles with regulators over privilege and the disclosure of documents are becoming increasingly common. However, it is not often that you see a regulator seeking to obtain the privileged documents of a third party who...more

A&O Shearman

Legal advice privilege subject to “dominant purpose” test – how to deal with multi-party email communications

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The dominant purpose of a communication must be to obtain, or give, legal advice for legal advice privilege to apply. The Court of Appeal considers how, in the light of this, to analyse privilege and internal multi-party...more

White & Case LLP

SL Claimants v Tesco: High Court clarifies the confidentiality of documents referred to in separate criminal proceedings

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In SL Claimants v Tesco Plc,1 the High Court considered a number of issues relating to disclosure during the fourth case management conference in those proceedings. Of particular interest to practitioners and parties to...more

White & Case LLP

Plus ça change… the SFO’s approach to Section 2 Interviews

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The approach of the Serious Fraud Office (the “SFO”) to compelled interviews is a longstanding source of frustration for criminal defence lawyers. The beginning of Lisa Osofsky’s tenure as Director and the introduction of...more

White & Case LLP

Co-operation or Capitulation? – What the SFO Corporate Co-operation Guidance really means

White & Case LLP on

Is there a point at which co-operation becomes capitulation? Is there a danger inherent in co-operating without the guarantee of a favourable outcome for doing so?...more

Holland & Knight LLP

Disclosure Scheme Implemented in Certain Divisions of the High Court of England & Wales

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What Is It? A two-year pilot scheme running in certain divisions of the English High Court, designed to reduce the volume of disclosure documents (discovery) produced in English litigation. What Will It Mean? In some...more

Epiq

New Disclosure Pilot Scheme Begins in England and Wales

Epiq on

Parties with matters taking place in England and Wales need to be aware of a new disclosure pilot scheme that has become mandatory, with some exceptions, in English and Welsh business and property courts. These courts cover...more

White & Case LLP

Which jurisdiction? Choosing where to litigate: A jurisdictional overview of the world’s court systems

White & Case LLP on

With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more

Orrick, Herrington & Sutcliffe LLP

Structuring Investigations In Light Of UK Privilege Case

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

A&O Shearman

Privilege: Limited waiver, inadvertent waiver and “cherry picking”

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Recent decisions concerning the disclosure of privileged material in litigation, either deliberately or by mistake, illustrate the application of rules on inadvertent disclosure and limited waiver. Anyone involved in...more

A&O Shearman

Employee litigation and waiver of privilege over internal investigation report

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Documents created during an internal corporate investigation were protected by litigation privilege. Although the documents, including an internal investigation report, were also used during an employee disciplinary process,...more

A&O Shearman

What is "evidence" of a privileged communication?

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Legal advice privilege attaches not just to those communications between lawyer and client which have as their purpose the giving or receiving of legal advice, but also extends to material which “evidences” the substance of...more

A&O Shearman

No legal advice privilege over lawyers' notes of interviews with employees

A&O Shearman on

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

WilmerHale

High Court Reaffirms the Broad Scope of Legal Advice Privilege

WilmerHale on

In a High Court ruling on 5 November 2015, Mr. Justice Snowden helpfully reaffirmed the established precedent that legal advice privilege is not confined to telling the client the law: it may also attach to factual updates...more

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