News & Analysis as of

Appeals Discovery United Kingdom

Hogan Lovells

The Emperor has no clothes: Privy Council strips down the Shareholder Rule and Hong Kong watches

Hogan Lovells on

The Shareholder Rule is a legal doctrine under which a company is generally precluded from asserting legal professional privilege to withhold documents from a shareholder in the course of litigation involving both the company...more

White & Case LLP

No third party production: FRC loses its demand for Sports Direct's privileged documents

White & Case LLP on

Court battles with regulators over privilege and the disclosure of documents are becoming increasingly common. However, it is not often that you see a regulator seeking to obtain the privileged documents of a third party who...more

White & Case LLP

CAA v R (on the application of Jet2.com Limited): the Court of Appeal confirms the dominant purpose test for legal advice...

White & Case LLP on

In perhaps the clearest statement on this issue to date, the Court of Appeal in The Civil Aviation Authority v R (on the application of Jet2.com Limited), has confirmed the "dominant purpose" test for legal advice privilege....more

White & Case LLP

SL Claimants v Tesco: High Court clarifies the confidentiality of documents referred to in separate criminal proceedings

White & Case LLP on

In SL Claimants v Tesco Plc,1 the High Court considered a number of issues relating to disclosure during the fourth case management conference in those proceedings. Of particular interest to practitioners and parties to...more

WilmerHale

Making Privilege Whole Again: Alternative Facts or a Restatement of Principle?

WilmerHale on

On 5 September the Court of Appeal handed down its judgment in the long-awaited, and much discussed, case of SFO v ENRC. Justice Andrews’ ruling in the lower court, which rejected ENRC’s claim to litigation privilege, had...more

Eversheds Sutherland (US) LLP

UK Court of Appeals upholds litigation privilege for internal investigation documents

In a much-anticipated appellate decision, the Court of Appeal of England and Wales has clarified English law regarding litigation privilege applicable to internal investigations, which has significant implications for US...more

Latham & Watkins LLP

Internal Investigations Protected By Privilege Once More?

Latham & Watkins LLP on

English Court of Appeal Reaffirms Privilege Over Internal Investigation Documents Prepared in Contemplation of Litigation - In a much anticipated decision, the Court of Appeal has reaffirmed legal privilege protection for...more

King & Spalding

UK Court Takes a “Realistic” and “Commercial” Approach to Litigation Privilege in the Context of Internal Investigations

King & Spalding on

In a judgment handed down at the end of 2017, but only recently released, the High Court in London has determined - in Bilta (UK) Ltd v RBS - that interviews held with employees in preparation of a report intended to deter a...more

A&O Shearman

High Court Rules That Litigation Privilege Can Apply in Respect of Internal Investigations

A&O Shearman on

In Bilta (UK) Ltd (in Liquidation) & Ors v Royal Bank of Scotland plc and Mercuria Energy Europe Trading Limited [2017] EWCH 3535 (Ch) (“Bilta v RBS”), the High Court upheld RBS’s claim of litigation privilege over documents...more

Skadden, Arps, Slate, Meagher & Flom LLP

English Court Questions the Application of Litigation Privilege in Criminal Investigations

On 8 May 2017, the English High Court of Justice handed down judgment in The Director of the Serious Fraud Office v. Eurasian Natural Resources Corporation Ltd,1 which could significantly limit the application of litigation...more

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