Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
19 December 2024
Privilege series Part 6: Bordering on Privilege - Applicable laws in cross-border disputes
Cross-border disputes raise questions on which jurisdiction’s laws govern the determination of privilege. Under English law, the principle of lex fori applies: the law of the forum where the case is being heard applies. When proceedings are conducted in English courts, English law will determine whether communications are protected by privilege.
12 December 2024
Privilege series Part 5: Aabar v Glencore – A nail in the coffin of the Shareholder Principle
As alluded to in our recent article ‘Privilege in shareholder disputes – is change afoot?’, the eagerly awaited judgment of Aabar Holdings S.À.R.L v Glencore PLC has provided fresh judicial insight on the validity of the shareholder principle.
Although the shareholder principle has existed for over 135 years, remarkably the High Court has now concluded that the principle is ‘unjustifiable’ and ‘should no longer be applied’.
5 December 2024
Privilege series part 4: It was a privilege – considerations in insolvency proceedings
Officeholders often come into possession of various categories of documents and information over which legal professional privilege (in one of its many guises) may be asserted.
28 November 2024
Privilege series part 3: The iniquity exception: “let the truth be told”
Legal professional privilege (LPP) is a fundamental principle of justice and exists to protect certain categories of communication between lawyers, their clients or a third party from being disclosed to the opposing party and the court.
21 November 2024
Privilege series part 2: Implied waiver in claims against solicitors
When solicitors are sued in their professional capacity, an important question arises as to whether documentation relevant to the claim remains subject to legal professional privilege.
- Alternative dispute resolution
- Claims against banks
- Costs Law
- Court of Protection Disputes
- Cross-border litigation
- Defamation, privacy & reputation
- Fraud
- Restructuring & Insolvency
- Intellectual property claims
- Legal updates
- Litigation process
- Professional negligence
- Shareholder and Boardroom Disputes
- Wills, trusts and inheritance disputes