Privilege/without prejudice

View Dispute Resolution by content type:

Latest Dispute Resolution News

Featured Dispute Resolution content

Practice notes
Indemnity costs orders—principlesThis Practice Note considers orders for costs determined on an indemnity basis (indemnity costs orders). A court may...
Read More >
19th May
Practice notes
Drafting the particulars of claim and replyThis Practice Note provides guidance on the interpretation and application of the relevant provisions of...
Read More >
19th May
Practice notes
Fixed costs—what are they?This Practice Note considers fixed costs under Part 45 of the Civil Procedure Rules. For detailed guidance on capped costs...
Read More >
19th May
Practice notes
Rome II—application and interpretationThis Practice Note is for use when determining applicable law in respect of events giving rise to damage, where...
Read More >
19th May
Practice notes
Rome I—general provisionsThis Practice Note is for use when determining applicable law where the contract was entered into on or before 31 December...
Read More >
Produced in partnership with Angharad Parry of 20 Essex Street 19th May
Q&As
Can the doctrine of laches form the basis of a cause of action, or will it always act as a defence only?Laches is an equitable doctrine, and as a...
Read More >
Produced in partnership with Oliver Hilton of Radcliffe Chambers 19th May
Practice notes
Default judgment—requirement to set aside promptly under CPR 13.3This Practice Note considers the requirement under CPR 13.3(2) for the defendant to...
Read More >
19th May
Practice notes
Fixed costs—money claimsTypes of claimsThese types of claims fall into two categories which are set out in CPR 45.1(2)(a) and (b): •CPR...
Read More >
19th May
Practice notes
Conditional fee agreements—success feesThis Practice Note considers success fees, a form of fee, which may be payable as a consequence of a successful...
Read More >
19th May
Practice notes
Costs budgets—filing and exchangeCoronavirus (COVID-19): When filing and exchanging a costs budget the timing maybe affected by the impact of...
Read More >
19th May
Practice notes
Contract interpretation—rules of contract interpretationThis Practice Note on rules on interpreting contracts (agreements) (also known as construing...
Read More >
19th May
Practice notes
Which enforcement of judgment method should I choose?This Practice Note provides guidance on the interpretation and application of the relevant...
Read More >
19th May
Practice notes
Economic tort of unlawful interferenceAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business from...
Read More >
19th May
Practice notes
Order for sale—how to enforce a charging orderThis Practice Note considers how to apply for an order for sale to enforce a charging order pursuant to...
Read More >
19th May
Precedents
IntroductionThe application in the Commercial Court is made using Form N244CC.Application notice—Commercial Court (Form N244(CC)) (Word)Relevant...
Read More >
19th May
Practice notes
Cost orders—interestDefinitionsThe following definitions are used in this Practice Note:•interest—this is an additional award made to the winning...
Read More >
19th May

Most recent Privilege/without prejudice content

Q&As
I have accidentally sent the other side documents which are privileged. What should I do?What is privilege?In English law, special protection is...
Read More >
1st Aug
Q&As
Where one page of an expert report is disclosed pre-action, is privilege waived and the receiving party entitled to see the complete report?There is...
Read More >
1st Aug
Q&As
Is there any authority on whether legal advice privilege is lost where that privileged information is disclosed by a law firm without their client’s...
Read More >
1st Aug
Q&As
If I have provided a foreign language document in response to a Part 18 request, do I have to provide an English translationThere does not appear to...
Read More >
1st Aug
Q&As
Is a party in civil proceedings required to disclose documents made available to it in related criminal proceedings? Does it make any difference that...
Read More >
Produced in partnership with David Sawtell of 39 Essex Chambers 1st Aug
Q&As
A document is labelled ‘privileged’, ‘confidential’ and/or ‘privileged and confidential’. Does this mean it is privileged?General principles—privilege...
Read More >
1st Aug
Q&As
What types of privilege might apply to a letter from the other party’s expert which was received in support of pre-action correspondence, where that...
Read More >
1st Aug
Q&As
Is it possible to give a limited waiver of privilege by redacting material in a document otherwise covered by legal advice privilege?Generally, see...
Read More >
1st Aug
Q&As
What are the privilege issues which arise in relation to a regulatory investigation?Professional privilege—core principlesThe core aim of privilege is...
Read More >
1st Aug
Q&As
My firm has received a document from the other side which appears to be privileged. What should I do?Although this is a question about privilege,...
Read More >
Produced in partnership with Sarah Mumford of Sarah Mumford 1st Aug
Q&As
What is the position in relation to translated documents in the context of legal advice privilege?Legal Professional PrivilegeThe core aim of...
Read More >
1st Aug
Q&As
I am a shareholder in company X. A director obtained legal advice on behalf of company X and I would like to see it. The director has claimed the...
Read More >
Produced in partnership with Howard Smith of Radcliffe Chambers 1st Aug
Q&As
In what circumstances would a privileged witness statement lose its privileged status?PrivilegeIn English law, special protection is afforded to...
Read More >
1st Aug
Q&As
How do you waive privilege in a ‘without prejudice’ letter that your client has made?The ‘without prejudice’ rule generally prevents statements made...
Read More >
31st Jul
Q&As
Will any privilege in a document sent by a lawyer to a witness be retained where the matter is moved to another law firm?We are not aware of any...
Read More >
31st Jul

Popular documents