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Lender entitled to rely on debt restructuring negotiations marked 'without prejudice', court rules

A lender was entitled to rely on communications with a debtor concerning the restructuring of a debt during court action to recover the money, even though those documents were headed "without prejudice and subject to contract", the High Court has said. 22 Oct 2014

Documents remained privileged when they were sent on to third party's work email address, High Court rules

Highly confidential documents that were subject to legal professional privilege (LPP) did not lose this status when they were emailed by a party to his girlfriend, who then forwarded them to and accessed them through her work email account, the High Court... 28 Apr 2014

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Litigation privilege did not apply to correspondence before litigation was "reasonably anticipated", judge says

A brewing company was unable to prevent correspondence between itself and its bank and accountants from being disclosed during a dispute connected with the sale of its eastern European business, a High Court judge has ruled. 23 Jan 2014

High Court restricts litigation privilege but gives pointers for future applications, says expert

OPINION: It will be harder than ever for companies to keep certain kinds of documents from being opened up to scrutiny after a recent High Court decision. The ruling does, however, give helpful guidance on what organisations have to do to secure... 16 Sep 2013

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