Disclosure: It’s a privilege

Herbert Smith Freehills LLP | The Commercial Litigation Journal | September/October 2018 #81
Julian Copeman, Anna Pertoldi and Maura McIntosh review a significant Court of Appeal judgment ‘In the Court of Appeal’s view, the whole subtext of the relationship between ENRC and the SFO was the possibility, if not the likelihood, of prosecution if the self-reporting process did not result in a settlement.’ On 5 September 2018 the …

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Practice: Backing up the bench

Stewarts Law LLP | The Commercial Litigation Journal | July/August 2018 #80
Laura Jenkins and Mike McCabe question why assessors and judicial assistants are not more widely used in commercial litigation ‘Judicial assistants have been used to support judges in the Supreme Court and Court of Appeal since around the turn of the 21st century and have been trialled as a permanent role in the Commercial Court …

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Privilege: Ever-decreasing circles

Walker Morris LLP | The Commercial Litigation Journal | July/August 2017 #74
Gwendoline Davies, Andrew Northage and Robert Starr assess the impact of a recent ruling on legal professional privilege ‘There are important public policy justifications underpinning privilege, such as the need for clients to be able to candidly disclose matters to their lawyers.’ A recent High Court ruling is the latest in a line of cases …

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Corruption: Punishing pay-offs

Penningtons Manches Cooper LLP | Procurement & Outsourcing Journal | May/June 2017 #36
John Doherty and Nicole Finlayson provide a timely update on bribery and corruption ‘It is vital that businesses get it right: firstly, when putting prevention procedures in place; and secondly, if trouble does arise, in how they deal with it.’Bribery and corruption are firmly in the spotlight for 2017, with an ever-increasing commitment from regulators …

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