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Court of Appeal orders publication of High Court judgments relating to an arbitration (Manchester City Football Club v The Football Association Premier League)

The following Arbitration news provides comprehensive and up to date legal information on Court of Appeal orders publication of High Court judgments relating to an arbitration (Manchester City Football Club v The Football Association Premier League)

Court of Appeal considers whether third parties may take the benefit of arbitration awards (Vale v Steinmetz)

The following Arbitration news provides comprehensive and up to date legal information on Court of Appeal considers whether third parties may take the benefit of arbitration awards (Vale v Steinmetz)

Derivative claims—conditional permission should not be granted where claimant lacks standing (Boston Trust Company Ltd v Verhoef)

The following Corporate news provides comprehensive and up to date legal information on Derivative claims—conditional permission should not be granted where claimant lacks standing (Boston Trust Company Ltd v Verhoef)

Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

The following Dispute Resolution news provides comprehensive and up to date legal information on Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

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Stay of proceedings—when can you apply to stay a claim?

Stay of proceedings—when can you apply to stay a claim?This Practice Note considers the question of when court proceedings can be stayed. It...

Tort claims—causation in law

Tort claims—causation in lawIn most torts, where a defendant breaches their duty towards the claimant, they are only liable if the claimant can...

Unless orders

Unless ordersThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court...

Reserved judgments

Reserved judgmentsWhat is a reserved judgment?A court can reserve judgment by giving its decision at a later date in writing, after the trial or...

Practice notes

Indemnity costs orders—principles

Indemnity costs orders—principlesThis Practice Note considers orders for costs determined on an indemnity basis (indemnity costs orders). A court may...

19th May

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Drafting the particulars of claim and reply

Drafting the particulars of claim and replyThis Practice Note provides guidance on the interpretation and application of the relevant provisions of...

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In-house

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Fixed costs—what are they?

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...

19th May

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Rome II—application and interpretation

Rome II—application and interpretationThis Practice Note is for use when determining applicable law in respect of events giving rise to damage, where...

19th May

Practice notes

Rome I—general provisions

Rome I—general provisionsThis Practice Note is for use when determining applicable law where the contract was entered into on or before 31 December...

Produced in partnership with Angharad Parry of 20 Essex Street 19th May

In-house

Q&As

Can the doctrine of laches form the basis of a cause of action, or will it always act as a defence only?

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...

Produced in partnership with Oliver Hilton of Radcliffe Chambers 19th May

Practice notes

Default judgment—requirement to set aside promptly under CPR 13.3

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...

19th May

Practice notes

Fixed costs—money claims

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...

19th May

Practice notes

Conditional fee agreements—success fees

Conditional fee agreements—success feesThis Practice Note considers success fees, a form of fee, which may be payable as a consequence of a successful...

19th May

In-house

Practice notes

Costs budgets—filing and exchange

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19th May

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Contract interpretation—rules of contract interpretation

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19th May

In-house

Practice notes

Which enforcement of judgment method should I choose?

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19th May

Practice notes

Economic tort of unlawful interference

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...

19th May

Practice notes

Order for sale—how to enforce a charging order

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...

19th May

Precedents

Drafting note for application notice for strike out on basis of failure to comply—Commercial Court

IntroductionThe application in the Commercial Court is made using Form N244CC.Application notice—Commercial Court (Form N244(CC)) (Word)Relevant...

19th May

Practice notes

Cost orders—interest

Cost orders—interestDefinitionsThe following definitions are used in this Practice Note:•interest—this is an additional award made to the winning...

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?

I have accidentally sent the other side documents which are privileged. What should I do?What is privilege?In English law, special protection is...

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?

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...

1st Aug

Q&As

A company director is subject to disqualification proceedings as a result of selling assets of the company, which led to the insolvency of the company. The sale was effected following legal advice, which is privileged, and the liquidators have taken control of the company's privilege. Can the lawyer who gave the legal advice answer questions as regards the advice, or does a waiver of privilege/confirmation that privilege is not being asserted by the company need to be sought?

A company director is subject to disqualification proceedings as a result of selling assets of the company, which led to the insolvency of the...

Produced in partnership with XXIV Old Buildings 1st Aug

Q&As

There are conduct considerations that govern the way solicitors must deal with documents that have been disclosed to them by mistake, eg where a solicitor sends a legally privileged document to the other side by mistake. However, does the CPR or any code of conduct say anything about litigants in person receiving legally privileged documents from the other side by mistake?

There are conduct considerations that govern the way solicitors must deal with documents that have been disclosed to them by mistake, eg where a...

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 consent?

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...

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 translation

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...

1st Aug

Q&As

If disclosing a surveyor’s report in a boundary dispute, to be used as expert evidence, might you also be required to disclose the client’s instructions to the surveyor or would they be protected by some form of privilege? Would the position be different if that expert witness had previously acted as the client’s expert advisor?

If disclosing a surveyor’s report in a boundary dispute, to be used as expert evidence, might you also be required to disclose the client’s...

Produced in partnership with Mr Tom Montagu-Smith, QC 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 the documents in question are equally available to all parties to the civil proceedings?

Is a party in civil proceedings required to disclose documents made available to it in related criminal proceedings? Does it make any difference that...

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?

A document is labelled ‘privileged’, ‘confidential’ and/or ‘privileged and confidential’. Does this mean it is privileged?General principles—privilege...

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 expert’s letter was neither headed confidential nor without prejudice?

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...

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?

Is it possible to give a limited waiver of privilege by redacting material in a document otherwise covered by legal advice privilege?Generally, see...

1st Aug

Q&As

Legal advice given by an accountant is not privileged (R (Prudential plc) v Special Commissioner of Income Tax [2013] UKSC 1) but is legal advice given by a lawyer, which is then repeated by an accountant, privileged? In particular, if a document containing legal advice is given by an accountant to the client, is the legal advice privileged?

Legal advice given by an accountant is not privileged (R (Prudential plc) v Special Commissioner of Income Tax [2013] UKSC 1) but is legal advice...

Produced in partnership with Mark West of Lamb Chambers 1st Aug

Q&As

What are the privilege issues which arise in relation to a regulatory investigation?

What are the privilege issues which arise in relation to a regulatory investigation?Professional privilege—core principlesThe core aim of privilege is...

1st Aug

Q&As

My firm has received a document from the other side which appears to be privileged. What should I do?

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,...

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?

What is the position in relation to translated documents in the context of legal advice privilege?Legal Professional PrivilegeThe core aim of...

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 document is privileged. Am I entitled to see it?

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...

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?

In what circumstances would a privileged witness statement lose its privileged status?PrivilegeIn English law, special protection is afforded to...

1st Aug

Q&As

How do you waive privilege in a ‘without prejudice’ letter that your client has made?

How do you waive privilege in a ‘without prejudice’ letter that your client has made?The ‘without prejudice’ rule generally prevents statements made...

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?

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...

31st Jul

Q&As

If, in pre-action communications, a prospective claimant makes a Part 36 offer to a prospective defendant and in the process copies in a third party, are there any privilege or disclosure issues that could arise and risk the Part 36 offer being shown to the court before judgment?

If, in pre-action communications, a prospective claimant makes a Part 36 offer to a prospective defendant and in the process copies in a third party,...

31st Jul

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Privilege/without prejudice

View Dispute Resolution by content type:

Latest Dispute Resolution News

Court of Appeal orders publication of High Court judgments relating to an arbitration (Manchester City Football Club v The Football Association Premier League)

Court of Appeal considers whether third parties may take the benefit of arbitration awards (Vale v Steinmetz)

Derivative claims—conditional permission should not be granted where claimant lacks standing (Boston Trust Company Ltd v Verhoef)

Conspiracy and deceit—dismissal of application for strike out/summary judgment (Raja v McMillan)

Featured Dispute Resolution content

Stay of proceedings—when can you apply to stay a claim?

Tort claims—causation in law

Unless orders

Reserved judgments

Most recent Privilege/without prejudice content

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Form of transfer of shares

Enquiries before contract

Judicial review—time limits and the pre-action protocol

Provisional sums

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