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Content Type: Publications Tagged: 'Simon Davis'

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Hammering Litigation Privilege

17 December 2018


The Court of Appeal has decided that litigation privilege only applies to communications made for the purpose of obtaining information or advice in connection with litigation. In particular, it does not apply to "purely commercial" communications...

Privilege and ENRC: Two things we now know, and two we still don't

6 September 2018


The Court of Appeal has clarified some important and controversial aspects of privilege, in particular that legal proceedings can be reasonably in contemplation at a far earlier stage than the prosecuting authorities might like. But, despite pointing the law in...

Litigation privilege limited

10 May 2017


A first instance judge has limited the scope of litigation privilege for entities under investigation by regulatory or criminal authorities. Anticipation of an investigation will not suffice to offer litigation privilege, nor will the investigation itself...

Legal advice privilege: who is the client?

12 December 2016


An English judge has put a narrow interpretation on who can be considered to be a lawyer's client for the purposes of legal advice privilege. This will place serious constraints on the extent to which fact gathering for the purposes of providing legal advice...

LIBOR-based defences rejected by the court

4 March 2016


The Court of Appeal has rejected a miscellany of defences raised by a borrower based on the alleged rigging of LIBOR by a lending bank. The case may continue, but the Court also ordered the borrower to pay immediately the minimum sum for which, even if it succeeds,...

New Defamation Act makes it harder for companies to sue

2 January 2014


Companies will find it harder to sue for defamation under the Defamation Act 2013, which came into force on 1 January 2014.  They must now show that a defamatory statement has caused, or is likely to cause, "serious financial loss".  The...

New defamation consultation published for England and Wales

16 March 2011


The Government has published a consultation paper on a draft Defamation Bill relating to the law in England and Wales. It follows a statement in the Coalition Agreement that measures to "reverse the erosion of civil liberties and roll back state...