Latham.London

Tag Archives: Litigation Privilege

English Court Finds Litigation Privilege In Documents Obtained By Deception

The ruling clarifies that a litigant can withhold disclosure of communications even if the other person was unaware that the communication was for a privileged purpose. By Daniel Smith and Mair Williams In recent years, the English court has examined litigation privilege carefully. However, no aspect has been the subject of more scrutiny than the … Continue Reading

English Court of Appeal Rules on Privilege and Settlement Agreements

The Court examined “without prejudice” privilege and litigation privilege as they apply to settlement agreements and their inspection by co-defendants. By Oliver E. Browne In BGC Brokers LP & Ors v. Tradition UK & Ors,[i] the English Court of Appeal unanimously dismissed an appeal against an order for a settlement agreement to be disclosed in … Continue Reading

English Appellate Court Restricts Scope of Litigation Privilege

A recent ruling in West Ham v E20 has clarified the scope of litigation privilege and the circumstances in which courts will inspect documents over which privilege has been claimed. By Daniel Smith and Clare Nida In a significant decision, the English Court of Appeal has restricted the scope of litigation privilege in relation to … Continue Reading

Internal Investigations Protected By Privilege Once More?

English Court of Appeal reaffirms privilege over internal investigation documents prepared in contemplation of litigation. By Jon Holland, Andrea Monks, Stuart Alford QC, Nate Seltzer, Dan Smith, and James Fagan In a much anticipated decision, the Court of Appeal has reaffirmed legal privilege protection for documents prepared during internal investigations (e.g., interview notes, forensic accounting … Continue Reading

Jukes: English Appellate Decision on Litigation Privilege in Internal Investigations

By Stuart Alford QC, Daniel Smith and Clare Nida The English Court of Appeal provides further guidance, approving ENRC, on when litigation privilege will not apply to information gathering materials. The English Court of Appeal (Criminal Division) has ruled that litigation privilege does not apply to a statement an employee makes to his employer’s solicitors … Continue Reading

Bilta v. RBS: When Will Litigation Privilege Apply to Information Gathering in Internal Investigations

High Court decision provides practical lessons for companies conducting investigations. By Stuart Alford QC, Daniel Smith and Clare Nida The English High Court has reconfirmed that litigation privilege can apply to information gathering in internal investigations. Specifically, lawyers must have engaged in the information gathering for the dominant purpose of conducting litigation, and this can include … Continue Reading

Check Your Privilege: English Court Rules Internal Investigation Materials Cannot be Withheld from Prosecutor

By Stuart Alford QC, Daniel Smith and James Fagan  “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 overridden by some countervailing rule of public policy”. These dicta … Continue Reading
LexBlog