Waugh v British Railways Board [1979] UKHL 2

Disclosure: It’s a privilege

Julian Copeman, Anna Pertoldi and Maura McIntosh review a significant Court of Appeal judgment ‘In the Court of Appeal’s view, the whole subtext of the relationship between ENRC and the SFO was the possibility, if not the likelihood, of prosecution if the self-reporting process did not result in a settlement.’ On 5 September 2018 the …

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Serious Incident Investigations: Full disclosure of NHS records

Selena Plowden discusses the legal frameworks and likely objections to the release of documents by an NHS trust ‘In the context of a request for documents in contemplation of litigation, claimant lawyers must consider whether it is right that these documents should be withheld and the legal basis for any such claim.’ This article addresses …

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Privilege: Secret fights

In the second of two articles, Davinia Brennan explores a recent decision from the Irish High Court on litigation privilege ‘This is an important decision, which clarifies that the protection afforded to documents by litigation privilege will not extend beyond the particular legal proceedings for which they were prepared, or closely related actions.’ Part 1: …

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Privilege: Litigation privilege – the dominance matrix

Clare Arthurs and Phillip D’Costa find out about recent developments in privilege ‘Tchenguiz provides some useful guidance as to how litigation privilege will be applied by the courts.’ Legal professional privilege attracts its fair share of judicial and public attention. Broadly speaking, it protects confidential communications between a lawyer and client from disclosure, in order …

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