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Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
For over a century, it has been a well-established rule that a company cannot claim legal privilege against its own shareholders (Woodhouse & Co. Ltd v Woodhouse). This grants shareholders the right to access legal advice obtained by the company concerning its affairs. However, there is a recognised exception to this rule: if the legal advice pertains to actual or anticipated litigation between the company and the shareholder, the company can claim privilege.
On 4 October 2024, a decision of Mr Justice Jacobs was handed down in Magomedov and others v TPG Group Holdings (SBS) LP and others. This is the second article in a short series on this judgment, which looks at the issue of originating process in relation to applications for Norwich Pharmacal relief.
An Assisted Dying Bill has been introduced before Parliament with MPs set to debate the issues before a free vote on 29 November.
The navigation of settlements involving multiple parties represents a legal tightrope, where a single misstep could seriously prejudice a claimant’s position. Practitioners and claimants involved in multi-party cases need to consider carefully whether settling their claim against one defendant could be a bar to pursuing another defendant who is jointly responsible for the loss.
This quarterly civil fraud update provides a summary of reported decisions handed down in the courts of England and Wales in the period of July - September 2024.
Sharon Burkill
Natalie Cohen
Caroline Sheldon
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