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UPDATE: Hot off the press

29 July 2011  

Anna Pertoldi and Maura McIntosh contemplate some recent decisions with practical implications for various aspects of litigation including privilege, expert witnesses, and Part 36 offers

A xa Seguros SA De CV v Allianz Insurance plc (t/a Allianz Global Risks) & ors [2011] is of interest for its observations on how the courts should apply the test for litigation privilege. In this case the High Court held that certain engineers’ reports produced for reinsurers were not subject to litigation privilege; although litigation was reasonably in prospect, the reports were not produced for the dominant purpose of the litigation.

Additional Info

  • Case(s) Referenced:

    Axa Seguros SA De CV v Allianz Insurance plc (t/a Allianz Global Risks) & ors [2011] EWHC 268 (Comm)

    Baxendale-Walker v Middleton & ors [2011] EWHC 998 (QB)

    Berezovsky v Abramovich [2011] EWHC 1143 (Comm)

    Bolkiah v KPMG [1998] UKHL 52

    C v D [2011] EWCA Civ 646

    Dunlop Slazenger International Ltd v Joe Bloggs Sports Ltd [2003] EWCA Civ 901

    Jones v Kaney [2011] UKSC 13

    Meat Corporation of Namibia Ltd v Dawn Meats (UK) Ltd [2011] EWHC 474 (Ch)

    North Shore Ventures Ltd v Anstead Holdings Ltd & ors [2011] EWHC 178 (Ch)