United Kingdom: Disclosure & Electronic Discovery & Privilege

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

High Court Finds Iniquity Exception To Privilege Applied, But Not On A Blanket Basis

The High Court has held that the iniquity exception to privilege applied in respect of certain aspects of a transaction, so that no privilege attached to various categories of documents over which the defendants...

United Kingdom Litigation

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Herbert Smith Freehills Kramer LLP

Settlement Terms In Litigation: High Court Upholds Confidentiality

In Omanovic v Shamaazi Ltd & Anor [2025] EWHC 110 (KB), the High Court held that evidence of settlement terms agreed with two claimants was inadmissible...

United Kingdom Litigation

EL

Enyo Law

High Court Discharges Freezing And Imaging Orders Due To Lack Of Full And Frank Disclosure

In a recent judgment, the High Court discharged a worldwide freezing injunction and an access and imaging order obtained by J&J Snack Foods Corporation and ICEE Corporation (ICEE) against Ralph Peters & Sons...

United Kingdom Litigation

LS

Lewis Silkin

High Court Considers Without Prejudice Privilege In The Mediation Context

In Pentagon Food Group Ltd v B Cadman Ltd, the High Court ruled that mediation privilege does not extend beyond traditional without prejudice privilege, and clarified the use of misrepresentation claims and the Unilever Exception to admit evidence from mediation in certain circumstances.

United Kingdom Litigation

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Norton Rose Fulbright Hong Kong

Spotlight On Reporting Privilege

United Kingdom Litigation

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Devonshires

Witness Statements And Helping The Court

United Kingdom Litigation

AG

Anthony Gold Solicitors LLP

Defences To Defamation: A Quick Guide To Protecting Free Speech And Reputation

United Kingdom Litigation

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Ronald Fletcher Baker

7 Tips For Maintaining Privilege (Video)

United Kingdom Litigation

MC

Memery Crystal

Recovery Of Evidence (Scotland) V Disclosure (England) – A Tale Of Two Countries

United Kingdom Litigation

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Shepherd and Wedderburn LLP

Use Of Artificial Intelligence In E-Discovery

United Kingdom Technology

AM

Alvarez & Marsal

The Libel Bible: No Need To Be Defenceless To Defamation

United Kingdom Litigation

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Gowling WLG

High Court Considers Whether Third Party's Documents Are In Party's Practical Control For Disclosure Purposes

United Kingdom Litigation

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Herbert Smith Freehills Kramer LLP

Collateral Waiver Of Privilege: High Court Finds Disclosure Of Chronology Prepared By Lawyer Results In Broader Waiver

United Kingdom Litigation

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Herbert Smith Freehills Kramer LLP

When Are Documents Held By A Third Party Within A Litigant's "Practical Control"?

United Kingdom Litigation

NR

Norton Rose Fulbright Hong Kong

S5:E10 – Kate Rose: Seeing The Beauty In Everything With TUTTI & CO (Video)

United Kingdom Commercial

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Square One

Understanding The Employment Rights Bill: A New Era For Employers, Employees And Workers (Video)

United Kingdom Employment

AG

Anthony Gold Solicitors LLP

Requirements For Skilled Worker Visa Settlement (Video)

United Kingdom Immigration

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Latitude Law

If A Child Has An EHCP In Place, Do They Also Need A Care Plan? (Video)

United Kingdom Litigation

AG

Anthony Gold Solicitors LLP

Arts & Culture Guide (Video)

United Kingdom Immigration

L

Latitude Law

Litigation Developments: England And Wales – Quarterly Update

Welcome to our latest quarterly e-bulletin which contains updates on commercial litigation developments over the past three months...

United Kingdom Litigation

HS

Herbert Smith Freehills Kramer LLP

Commercial Litigation Podcast Series – Episode 23: General Update (Podcast)

In this 23rd episode of our series of commercial litigation update podcasts, we look at the government's plans for the litigation funding industry...

United Kingdom Litigation

HS

Herbert Smith Freehills Kramer LLP

Norwich Pharmacal Relief: Court Expands Test To Include The 'Proper Purpose' Condition

In Green v CT Group Holdings Ltd [2023] EWHC 3168 (Comm), the High Court held that it should be a condition for granting Norwich Pharmacal relief that the application is made for a legitimate purpose.

United Kingdom Litigation

NR

Norton Rose Fulbright Hong Kong

E-Discovery In Asia - Playing The Long Game: Navigate Local Regulations And Foreign Obligations In A Patchwork Region

The fundamental mechanics around e-discovery have long been settled as a process: Collect data, search it, review it and use the fruits of the review in whatever context applies – litigation, investigation, or regulatory inquiry.

Worldwide Litigation

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AlixPartners

Episode 2: Investigation Trends And A Touch Of Privilege (Podcast)

United Kingdom Litigation

TS

Travers Smith LLP

Guidance On Key Concepts Of Privilege From Court Of Appeal

United Kingdom Litigation

LS

Lewis Silkin

When Will A Claim To Privilege Be Defeated By Underhand Conduct?

United Kingdom Litigation

TS

Travers Smith LLP

Court Of Appeal Decision On Litigation Privilege For Non-Parties, Legal Advice Privilege For Investigations, And The Iniquity Exception

United Kingdom Litigation

HS

Herbert Smith Freehills Kramer LLP

Commercial Litigation Round-Up – December 2023

United Kingdom Commercial

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Norton Rose Fulbright Hong Kong

Collateral Use Of Disclosed Documents: High Court Declines To Restrict Use Of Documents Referred To At Public Hearing

United Kingdom Litigation

HS

Herbert Smith Freehills Kramer LLP

A Risky Business: Using Without Prejudice Material In Adjudication

United Kingdom Litigation

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Macfarlanes LLP

Investigations Round-up – November 2023

United Kingdom Litigation

TS

Travers Smith LLP

Jones v Tracey: When Is Correspondence 'Without Prejudice'?

United Kingdom Litigation

NR

Norton Rose Fulbright Hong Kong

Financial Investigations – The First Few Days

United Kingdom Finance

KI

Kemp IT Law

A Risky Business: Using Without Prejudice Material In Adjudication

The High Court's recent decision in AZ v BY [2023] EWHC 2388 (TCC) concerns the use of material that is subject to without prejudice privilege in adjudications, and contains important lessons for parties and their advisors.

United Kingdom Litigation

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Macfarlanes LLP

Investigations Round-up – November 2023

Welcome to the inaugural edition of our investigations newsletter, bringing you up-to-speed on the latest trends and developments in this ever-evolving area.

United Kingdom Litigation

TS

Travers Smith LLP

Jones v Tracey: When Is Correspondence 'Without Prejudice'?

In Jones v Tracey & Ors (Re Costs) [2023] EWHC 2256 (Ch) the High Court held that inter-solicitor correspondence about the possibility of Alternative Dispute Resolution (ADR)...

United Kingdom Litigation

NR

Norton Rose Fulbright Hong Kong

Financial Investigations – The First Few Days

This article looks at the first few days of a financial services investigation and gives you a list of points to consider and action items.

United Kingdom Finance

KI

Kemp IT Law

Court Provides Guidance On Role Of Solicitors Overseeing Disclosure Process

United Kingdom Litigation

NR

Norton Rose Fulbright Hong Kong

Can Non-Parties To Proceedings Claim Litigation Privilege?

In Al Sadeq v Dechert LLP & Ors [2023] EWHC 795 (KB) the claimant applied to the High Court to challenge the defendant's claims to privilege over various documents.

United Kingdom Litigation

NR

Norton Rose Fulbright

Artificial Intelligence & Recovery Of Evidence: Who Has What?

The use of Artificial Intelligence raises several practical issues for those advising and representing clients in civil disputes.

United Kingdom Litigation

M

MacRoberts

Litigation Developments: England And Wales – Quarterly Update

Welcome to our new look quarterly e-bulletin which contains updates on developments over the past three months, largely by reference to articles posted to our Litigation Notes blog in that period.

United Kingdom Litigation

HS

Herbert Smith Freehills Kramer LLP

The Four W's Of Without Prejudice Privilege

Without prejudice privilege, commonly referred to by its initials, ‘WP', is the privilege applied to communications where the contents represent a ‘genuine attempt to reach a settlement...

United Kingdom Litigation

BM

Burgess Mee

Claim To Privilege: What If You Find An Opponent's Confidential Document?

United Kingdom Litigation

NR

Norton Rose Fulbright

Summons Discharged In A Breach Of Embargo Contempt Case (Wright v McCormack)

United Kingdom Litigation

GC

Gatehouse Chambers

Privilege Not Lost Where Email Containing Legal Advice Found On Employee's Work Laptop

United Kingdom Litigation

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Herbert Smith Freehills Kramer LLP

Expert Witnesses: High Court Grants Permission For Change Of Experts On Condition Of Disclosure Of Certain Documents Prepared By The Experts Or Recording Their Views

United Kingdom Litigation

HS

Herbert Smith Freehills Kramer LLP

Legal Privilege In Fraud Claims – Some Useful Clarifications

United Kingdom Criminal

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Herbert Smith Freehills Kramer LLP

Privy Council On Without Prejudice Privilege

United Kingdom Litigation

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Fenwick Elliott LLP

Employment Appeal Tribunal Considers When Privilege Applies To Communications Via An Agent And To Documents Evidencing Legal Advice

United Kingdom Employment

HS

Herbert Smith Freehills Kramer LLP

Court Of Appeal Clarifies The Ambit Of Litigation Privilege In Loreley

United Kingdom Litigation

NR

Norton Rose Fulbright

The Tension Between Convenience And Risk

United Kingdom Litigation

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AlixPartners

Disclosure: High Court Directs Party To Identify Which Current And Ex-employees Have Been Asked For/given Consent To Search For Documents On Their Personal Devices

United Kingdom Litigation

HS

Herbert Smith Freehills Kramer LLP

A Seat With An Expert Series: Phil Beckett

United Kingdom Litigation

AM

Alvarez & Marsal

The European Court Of Justice Clarifies The Scope Of Legal Professional Privilege Under EU Law

European Union Litigation

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WilmerHale

In-House E-Disclosure Teams Should Not Be Vilified

United Kingdom Litigation

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Cooley LLP

No Privilege For Original Version Of Document Simply Because Comparison To Final Version Would Reveal Legal Advice

United Kingdom Litigation

HS

Herbert Smith Freehills Kramer LLP

Application For Third Party Disclosure Can Be Served Abroad Where The Documents Are Within The Jurisdiction

United Kingdom Litigation

HS

Herbert Smith Freehills Kramer LLP

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Latest Videos

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7 Tips For Maintaining Privilege (Video)

MC

Memery Crystal

A Seat With An Expert Series: Phil Beckett

AM

Alvarez & Marsal

QBiT - What Is Litigation Privilege? (Video)

QC

Quadrant Chambers

Employment Mid-year Series: Protecting Your Investigation Outcome From Challenge

GW

Gowling WLG

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