Privilege
UK Supreme Court refuses to extend privilege to accountants
The Supreme Court confirmed today that legal advice privilege (“LAP”) cannot be claimed in respect of confidential communications between accountants and their clients for the purpose of requesting or providing legal advice. LAP can be claimed only where such communications … Continue reading
Reliance on term of “without prejudice” offer waived privilege in rest of offer
In considering costs issues following judgment in a complex patent action, the High Court had to determine whether it was appropriate for the court to be shown a Part 36 offer that had been made in relation to the current action as well as a … Continue reading
Filed under Part 36 offers, Privilege
Supreme Court hearing in Prudential starts today
The Supreme Court is set to hear Prudential’s appeal against the Court of Appeal’s much-publicised decision from October 2010 which confirmed that legal professional privilege did not extend to advice on tax law given by accountants, or anyone other than members of the … Continue reading
Court can require disclosure of privileged report even where no change of expert
The High Court has considered whether a party should be ordered to disclose a privileged second report prepared by its expert, as a condition of being permitted to rely on that expert’s evidence: Odedra v Ball [2012] EWHC 1790 (TCC). … Continue reading
Waiver of privilege: deployment and cherry-picking
A recent tribunal decision has given a reminder of when a waiver of privilege will (or will not) extend further than a party intends: Fisher v HMRC [2012] UKFTT 335. The principle of collateral waiver, or the “cherry-picking rule”, is designed to prevent … Continue reading
Filed under Privilege
Webinar alert – Thorny issues in the law of privilege: Practical tips for in-house lawyers
On Tuesday 26 June (12:45 to 1:45 UK time) Anna Pertoldi, Nikunj Kiri, Chris Parker, James Norris-Jones and Maura McIntosh will present a live audio webinar exploring some of the difficult issues that crop up time and again for in-house lawyers relating to legal professional … Continue reading
Filed under Announcements, Privilege
Disclosure of client contact details: conflicting approaches
The High Court has refused to order a firm of solicitors to disclose a client’s contact details to assist in the enforcement of a committal order against him, because those details were protected by legal professional privilege and because disclosure … Continue reading
Filed under Confidentiality, Fraud, Privilege
New “Handy client guide to privilege” published
We have published a new client guide to legal professional privilege under English law, comprising: A decision tree: intended as a quick reference to help determine which documents can legitimately be withheld on grounds of privilege; and Practical tips for maintaining … Continue reading
Filed under Announcements, Privilege
No legal advice privilege for claims consultants
The High Court has confirmed that communications between a party and his construction claims consultants (in relation to a claim for extensions of time) were not subject to legal advice privilege: Walter Lilly and Company Limited v. Mackay and DMW [2012] … Continue reading
Filed under Privilege
Application of litigation privilege to competition investigations
In a ruling last Tuesday, 20 March, the Competition Appeal Tribunal has held that notes of third party witness interviews conducted by a party’s lawyers during an OFT investigation under the Competition Act 1998 were subject to litigation privilege under English law, as by … Continue reading
Filed under Privilege
