Privilege: Secret fights

A & L Goodbody | The Commercial Litigation Journal | May/June 2014 #55
In the second of two articles, Davinia Brennan explores a recent decision from the Irish High Court on litigation privilege ‘This is an important decision, which clarifies that the protection afforded to documents by litigation privilege will not extend beyond the particular legal proceedings for which they were prepared, or closely related actions.’ Part 1: …

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Privilege: Fight the good fight

A & L Goodbody | The Commercial Litigation Journal | March/April 2014 #54
Davinia Brennan examines recent case law on litigation privilege ‘Starbev [2013] is a useful reminder of the scope of litigation privilege. It demonstrates the difficulties of proving that anticipated litigation was the dominant purpose of a document.’ A recent UK High Court case serves as a reminder of the risks of instructing non-legal advisers in …

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