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High Court decides that strong prima facie case of iniquity not established in privilege decision (Various Claimants v News Group Newspapers)

High Court decides that strong prima facie case of iniquity not established in privilege decision (Various Claimants v News Group Newspapers)
Published on: 29 March 2021
Published by: LexisPSL
  • High Court decides that strong prima facie case of iniquity not established in privilege decision (Various Claimants v News Group Newspapers)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Dispute Resolution analysis: This High Court decision provides helpful guidance as to the scope of the iniquity principle and highlights the high thresholds that must be met in order to invoke the iniquity exception to legal professional privilege (LPP). In this case, it was found that the claimants had not established a strong prima facie case that documents that would otherwise attract LLP were documents evidencing the furtherance of an iniquitous purpose or scheme. The court therefore declined to disapply LLP over those documents and the claimant’s application failed. Written by Natalie Todd, partner, and Caitlin Foster, trainee solicitor, at PCB Litigation LLP. or take a trial to read the full analysis.

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