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11 results found

Article

Herbert Smith Freehills LLP | United Kingdom | 21 Dec 2012

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

Article

Herbert Smith Freehills LLP | United Kingdom | 9 Jul 2012

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.

Article

Herbert Smith Freehills LLP | United Kingdom | 1 Nov 2011

Court of Appeal on limited waiver of privilege

The Court of Appeal has held that a claimant was entitled to assert privilege in a draft witness statement relating to separate litigation, despite having previously copied the draft to the defendant in the current proceedings: Berezovsky v Hine 2011 EWCA Civ 1089.

Article

Herbert Smith Freehills LLP | United Kingdom | 1 Nov 2011

No joint privilege for conspiring shareholder

A company is not generally entitled to assert privilege against its shareholders, since they have a joint interest in the advice received.

Article

Herbert Smith Freehills LLP | United Kingdom | 1 Nov 2011

Test for joint interest privilege clarified

The High Court has clarified the circumstances in which a company director or officer is entitled to assert joint interest privilege in legal advice received by the company where the individual was not an express party to the solicitor’s retainer.

Article

Herbert Smith Freehills LLP | United Kingdom | 6 Jun 2011

Waiver of privilege to support merits at interlocutory stage means waiver of privilege at trial

A recent High Court decision confirms that where a party relies on the contents of privileged material to support its case on the merits at the interlocutory stage, it will be taken to have waived privilege in the relevant materials for the purposes of the trial: Berezovsky v Abramovich 2011 EWHC 1143.

Article

Herbert Smith Freehills LLP | United Kingdom | 22 Sep 2010

Consideration of adjudicator's jurisdiction

In the recent case of Aedifice Partnership v Shah 2010 EWHC 2106, Mr Justice Akenhead in the Technology and Construction Court (TCC), had to decide whether a party had adequately reserved its right to object to an adjudicator's jurisdiction.

Article

Herbert Smith Freehills LLP | United Kingdom | 31 Mar 2010

Supreme Court rules that contract exists despite "subject to contract" provision

A case involving the impact of a counterparts clause in a draft agreement has gone all the way to the Supreme Court, which ruled that a contract existed.

Article

Herbert Smith Freehills LLP | United Kingdom | 29 Jan 2010

Privilege update

The recent case of Tchenguiz v Imeran 2009 EWHC 2902 gives guidance on when lawyers' annotations (in particular highlighting or underlining on documents) are protected by legal professional privilege.

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