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Guernsey

Guernsey Litigation Guides 2024 (Chambers)

Carey Olsen

The new guides provide the latest legal information on litigation funding, initiating a lawsuit, pre-trial proceedings, discovery, injunctive relief, trials and hearings, settlement, damages...

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

Herbert Smith Freehills

The High Court has held that a foreign government body did not have control, for the purposes of its disclosure obligations, of documents held by various other government bodies...

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

Herbert Smith Freehills

The High Court has held that a claimant's waiver of privilege over a chronology prepared by his lawyer resulted in a collateral waiver of privilege in an updated version of the chronology...

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

Norton Rose Fulbright Hong Kong

In The Public Institution for Social Security v Al-Wazzan & Ors [2024] EWHC 480 (Comm) the Commercial Court was asked to make an order requiring the claimant to disclose...

Litigation Developments: England And Wales – Quarterly Update

Herbert Smith Freehills

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

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

Herbert Smith Freehills

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

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

Norton Rose Fulbright Hong Kong

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.

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

Travers Smith LLP

Welcome to the second episode in our series of podcasts exploring the people aspects of ESG...

Guidance On Key Concepts Of Privilege From Court Of Appeal

Lewis Silkin

The Court of Appeal ("COA") has handed down a judgment dealing with a number of important points regarding the scope of legal professional privilege and the iniquity exception.

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

Travers Smith LLP

Court of Appeal provides welcome clarification to the scope of legal professional privilege, including the application of the iniquity exception | Al Sadeq v Dechert LLP & Others [2024] EWCA Civ 28...

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

Herbert Smith Freehills

A recent Court of Appeal decision clarifies a number of important points relating to legal professional privilege: Al Sadeq v Dechert LLP [2024] EWCA Civ 28.

Commercial Litigation Round-Up – December 2023

Norton Rose Fulbright Hong Kong

We have collated a brief round-up of important recent cases, procedural developments and hot topics for businesses to help busy in-house counsel keep up to date, particularly those who are involved in managing disputes.

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

Herbert Smith Freehills

In a recent decision, the High Court held that certain documents had been "referred to" at a public hearing, so that the usual restrictions on collateral use of documents disclosed in legal proceedings...

A Risky Business: Using Without Prejudice Material In Adjudication

Macfarlanes

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.

Investigations Round-up – November 2023

Travers Smith LLP

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.

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

Norton Rose Fulbright Hong Kong

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)...

Financial Investigations – The First Few Days

Kemp IT Law

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.

Court Provides Guidance On Role Of Solicitors Overseeing Disclosure Process

Norton Rose Fulbright Hong Kong

In IBM United Kingdom Ltd v LzLabs GmbH & Ors [2023] EWHC 2142 (TCC) the Court emphasised that variations to an extended disclosure order will only be permitted under paragraph 18 of Practice Direction 57AD...

Redactions For Privilege, Irrelevance And Public Interest Immunity, And Waiver Of Privilege: High Court Provides Guidance

Herbert Smith Freehills

In a recent decision, the High Court has considered various challenges to redactions on grounds of privilege, irrelevance, and public interest immunity (PII)...

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

AlixPartners

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.

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