Insights by Penningtons Manches Cooper: Survival of the fittest

Penningtons Manches Cooper LLP | The Commercial Litigation Journal | November/December 2019 #88
Clare Arthurs and Nicole Finlayson stand on the touchline to witness privilege bouncing back ‘The authorities were clear that once privileged, always privileged: it would undermine the purpose of privilege if a lawyer had to qualify their assurance of confidentiality to the client.’ As rugby fever swept the nation, legal advice privilege once again found …

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Privilege: Careful conduct

Serle Court | The Commercial Litigation Journal | January/February 2018 #77
James Mather and Joel Seager examine the position of insolvency officeholders and privilege ‘As regards privileged materials, it is clear that the trustee remains entitled to make at least some use of their contents, such as to further an investigation by following a line of enquiry. What the trustee must never do, however, is to …

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Privilege: Keeping secrets

Russell-Cooke LLP | The Commercial Litigation Journal | January/February 2017 #71
Paolo Sidoli looks at a reassertion of privilege by the Court of Appeal ‘A client must be confident and certain that what they tell their solicitor will remain between them and the adviser.’In Avonwick Holdings Ltd v Shlosberg [2016], the Court of Appeal considered whether privilege attaching to a bankrupt’s documents constituted property which vests …

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