The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note considers the general principles, meaning and rationale behind privilege. It identifies the different types of privilege, including legal advice privilege and litigation privilege (known collectively as ‘legal professional privilege’ (LPP)), without prejudice communications, common interest privilege, joint privilege, public interest immunity (PII) and closed material procedures (CMP).
It looks at the effect of privilege on disclosure and inspection and the difference between confidential documents and privileged material. It also considers who the privilege belongs to, how long it lasts for and the effect of privilege on case management.
Practical tips on privilege are also offered.
In English law, privilege is a fundamental right allowing a party, or its successors in title, to withhold from production certain documents (see Court of Appeal decision in Addlesee v Dentons Europe, para ). Where privilege exists, it does not generally displace the obligation to disclose the document's existence, it merely means the relevant document will not generally be produced to the other parties, the court and/or third parties, as appropriate. For further guidance, see below.
Special protection is afforded to communications between lawyers (and, in certain circumstances, third parties) and their clients. This is on the basis that there exists, at the centre of that relationship, an obligation of confidence which the legal adviser owes his client, either in respect of confidential communications passed between them, or
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Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose significant limitations on the ability for a creditor to seek a winding-up order against a company. For further reading, see Practice Note: Corporate
Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
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