Privilege – Page 2 – Law Journals

Privilege: Honest offers

Gwendoline Davies explains without prejudice privilege and highlights traps and tips for parties to any dispute or negotiation ‘While without prejudice privilege exists to encourage free negotiations and to facilitate settlement, it will only arise to protect parties in particular circumstances.’ If a communication between negotiating parties has without prejudice privilege, it will not be …

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Privilege: Practice makes privileged

Gwendoline Davies and Andrew Beck explain the important principle of legal advice privilege and offer their practical advice ‘The judge emphasised that factual documents will not attract privilege simply because they were prepared by a lawyer who was present at a meeting – the key consideration will be whether the documents were created in connection …

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Privilege: Disreputable disclosure

Geraldine Elliott and Sarah Bishop consider the iniquity exception with respect to the disclosure of privileged documents ‘This decision is a useful illustration of the court’s approach to the iniquity exception where there is prima facie evidence to suggest that a transaction has been entered into with the intention to defraud creditors.’In the case of …

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Privilege: Negotiation with prejudice

Clare Toomer considers the decision in Avonwick v Webinvest [2014] ‘Parties should be aware that while the express marking of documents as without prejudice remains a highly material factor in determining their status, it is not conclusive.’ It is often thought that heading a letter ‘without prejudice’ will protect it from being disclosed later in …

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Privilege: Secret fights

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

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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Privilege: Litigation privilege – the dominance matrix

Clare Arthurs and Phillip D’Costa find out about recent developments in privilege ‘Tchenguiz provides some useful guidance as to how litigation privilege will be applied by the courts.’ Legal professional privilege attracts its fair share of judicial and public attention. Broadly speaking, it protects confidential communications between a lawyer and client from disclosure, in order …

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Privilege: A privileged upbringing

Joanna Ludlam and Fiona Lockhart examine the likely impact of the Prudential judgment The provision of legal advice is not the sole preserve of lawyers and in these challenging commercial times clients do not want to have to pay for ‘legal filters’ (having their lawyers instruct third parties whom they could instruct themselves).In a much …

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Privilege: The demise of the doodle

Simon Readhead QC provides a cautionary warning for the inattentive Do you doodle in meetings? Should you doodle in meetings? There is both good news and bad. The good news is that doodling may be good for you! A study by the University of Plymouth and published in Applied Cognitive Psychology suggests that doodling actually …

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Privilege: Privacy: it’s a privilege

Richard Pike, Henry Garfield and Phoebe Seers review the law relating to legal professional privilege in internal investigations. The link between legal profession privilege and the legal profession is a natural one given the close relationship between lawyers and the administration of justice. There can be no doubt that corporate internal investigations are a hot …

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