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Keeping the peace at Christmas – top tips for shared parenting over the festive season
Lauren Evans
An arbitration agreement is an election by parties to have certain disputes (as defined in that agreement) determined by arbitration.
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.
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’.
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.
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.
Lauren Evans
Roberta Draper
Christopher Perrin
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