Category: Disclosure

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High Court: Accountant’s report can be disclosed in litigation

For privilege to apply, there must be a lawyer (i.e. a solicitor or barrister) in the communication for legal advice privilege to apply. Legal advice privilege does NOT extend to other professionals such as accountants. Therefore, in disputes with HMRC for example, (potentially incriminating) communications with an accountant can be disclosed and are not privileged.

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Update on the Operation of the Disclosure Pilot Scheme

The DPS is intended to promote a wholesale change of culture in the approach to the disclosure process in civil litigation, with the hope that it will result in a more efficient and flexible disclosure process, tailored to the individual requirements of each case.

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Norwich Pharmacal Pre-Action Disclosure Order granted for barrister to disclose defamatory Twitter messages

In the High Court case of Collier & Ors v Bennett, three claimants obtained a Norwich Pharmacal order against Doughty Street Chambers’ barrister, Daniel Bennett for pre-action disclosure of messages and details of a Twitter account to assist victims of libel and harassment.

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Norwich Pharmacal Relief: Non-party disclosure sought from Bank

The Court of Appeal considered the rules regarding Norwich Pharmacal applications for non-party disclosure and the costs of the same. The decision concerning Natwest bank and a limited company, provides helpful guidance to parties when making applications for third party disclosure and understanding the importance of pre-action correspondence which will impact any order for costs.

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Is an email confidential if I copy in a lawyer? Court of Appeal clarifies the scope of legal advice privilege

The Court of Appeal handed down a significant decision on 28 January 2020 in Civil Aviation Authority v R (on behalf of the application of Jet2.com Ltd) [2020]…