Litigation Privilege in UK Law
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English Appellate Court Restricts Scope of Litigation Privilege
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...
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Jukes: English Appellate Decision on Litigation Privilege in Internal Investigations
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 Divis...
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Strict UK Litigation Privilege Test for Joint Liquidator Reports
High Court holds that reports used by the Serious Fraud Office to obtain search and arrest warrants are not subject to litigation privilege in subsequent civil proceedings.
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Determining dominant purpose for litigation privilege after ENRC
For a document to be protected by litigation privilege, it must have been produced for the sole or dominant purpose of obtaining information or advice in connection with existing or contemplated li...
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Litigation Privilege Revisited in the Context of Internal Investigations
The recent English High Court decision in Bilta (UK) Ltd v Royal Bank Of Scotland Plc & Anor [2017] EWHC 3535 (Ch) (“Bilta”) addressed the scope of litigation privilege and cast doubt on some of th...
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Internal communications regarding commercial settlement of dispute not protected by litigation privilege
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 commu...
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Tax structuring advice not protected by litigation privilege despite enquiry from French tax authority
Litigation privilege did not apply to tax restructuring advice prepared for a company by accountants following enquiries received from the French tax authority. Even where litigation can be said to...
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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 privi...
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English Court Questions the Application of Litigation Privilege in Criminal Investigations
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...
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UK Court of Appeals upholds litigation privilege for internal investigation documents
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 signific...
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