- On the evidence before it, the court held that litigation privilege did not attach to documents created to enable a litigation funder to decide whether to fund proposed claims, even though litigation was accepted
English High Court: Legal Advice Privilege Can Extend to Intra-Client Communications and Documents
- The High Court in Aabar v. Glencore ruled that legal advice privilege protects communications between members of the client group, as well as between clients and lawyers, provided their dominant purpose is to seek or receive legal advice.
- These “intra-client” communications can be privileged even where they are not
UK Government Consults on Shake-Up to Corporate Civil Enforcement Regime
- The consultation proposes that the Insolvency Service should have the power to disqualify directors without needing to apply to court.
- Directors could become vulnerable to a new “restrictions” regime for lower-level misconduct.
- There is no proposal to clarify the maximum timeline for Insolvency Service investigations into solvent companies, while
UK Supreme Court: No Statutory Limitation Period for Unfair Prejudice Petitions
- The ruling overturned the decision of the Court of Appeal that unfair prejudice petitions were subject to the statutory limitation periods in the Limitation Act 1980.
- Despite the ruling, prospective petitioners must still act promptly, as the court retains discretion to refuse relief where there has
English Court of Appeal: Awareness Is Necessary to Waive Contractual Termination Rights
The English Court of Appeal’s judgment in Ure Energy makes an important contribution to the law of waiver.
By Nell Perks and Anna Kullmann
Key Points:
- Ure Energy confirms that the principle in Peyman v. Lanjani applies in cases of express contractual termination rights.
- For a party to affirm a contract and waive its contractual right to terminate, it must actually know of the facts giving rise to its right to terminate, and the existence of that right.
Introduction
The
Privy Council Issues Pivotal Judgment on Misrepresentation
The Credit Suisse judgment has significant implications for claims in deceit.
By Oliver Middleton, Anna Kullmann, and Duncan Graves
Key Points:
- This landmark judgment confirms the legal requirements for a claim in deceit.
- Claimants do not need to prove their conscious awareness or understanding of a representation (although they still must prove that the representation induced them to contract).
On 24 November 2025, the Judicial Committee of the Privy Council handed down judgment in Credit Suisse Life
The End of the “Shareholder Rule” Exception to Legal Advice Privilege
Landmark decision means companies can assert legal advice privilege against their shareholders in litigation before the English courts.
By Oliver Middleton, Nell Perks, and Alice Zhou
On 24 July 2025, the Privy Council handed down its decision in Jardine Strategic Ltd v. Oasis Investments II Master Fund Ltd and Others (No 2) (Bermuda) [2025] UKPC 34 (Jardine),abolishing the so-called “Shareholder Rule” exception to legal advice privilege as a matter of both Bermudian and English law. The
Hague Judgments Convention 2019 Enters Into Force in the UK
UK membership will strengthen cross-border enforcement of English court judgments and reinforce London’s position as a key global centre for dispute resolution.
By Oliver Middleton, Samuel Pape, and Sean Newhouse
On 1 July 2025, the Hague Judgments Convention 2019 (Hague 2019) enters into force across the UK for proceedings commencing on or after that date.1 This is a major development in the cross-border enforcement landscape, supporting the recognition and enforcement of English court judgments across a growing
DOJ Issues New FCPA Guidelines Amid Growing Ambitions of UK and European Prosecutors
The guidelines confirm that FCPA enforcement will continue but provide opportunities for foreign authorities to lead where US interests are not significantly impacted.
By Clare Nida, Pamela Reddy, Nathan H. Seltzer, Annie Birch, and Emma Bunting
On 9 June 2025, US Department of Justice (DOJ) Deputy Attorney General Todd Blanche issued a memorandum outlining guidelines (the Guidelines) for investigations and enforcement actions brought by DOJ under the Foreign Corrupt Practices Act (FCPA). This follows on from
Key Takeaways From the SFO’s New Corporate Guidance
The updated guidance puts a heavy emphasis on self-reporting and clarifies how corporates under investigation can earn cooperation credit from UK prosecutors.
By Pamela Reddy, Clare Nida, Annie Birch, and Matthew Unsworth
On 24 April 2025, the UK Serious Fraud Office (SFO) published a long-awaited update to its Guidance on Corporate Co-operation and Enforcement (the Guidance). The Guidance outlines the agency’s key considerations when deciding whether to prosecute a corporate or invite it to negotiate a deferred