United Kingdom: Privilege

This review examines five recent court decisions addressing critical procedural and liability issues in civil litigation. From pre-action costs disputes and small claims track protections to privilege hunting abuses and the evolving landscape of omnibus claim forms, these cases provide essential guidance on contemporary litigation challenges and judicial approaches to procedural fairness.

The European Commission's broad information-gathering powers under EU competition law have been reinforced by the General Court's dismissal of Broadcom's challenge to document production requests. The case raises critical questions about the extent to which the Commission can compel production of documents held overseas that are subject to legal professional privilege in other jurisdictions, particularly communications with non-EU qualified external counsel.

The English High Court has ruled that legal advice privilege can extend to internal communications between members of a client group within an organisation, provided these communications are prepared for the dominant purpose of seeking legal advice.

The Privy Council's landmark decision in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd ([2025] UKPC 34) to abolish the Shareholder Rule has sparked extensive legal analysis...

On 24 July 2025, the Privy Council delivered a landmark decision that fundamentally reshapes the landscape of legal professional privilege in the context of corporate and shareholder disputes.

The Judicial Committee of the Privy Council has delivered its judgment in Jardine Strategic Limited v Oasis Investments II Master Fund Ltd and 80 others (No 2) (Bermuda) abolishing the centuries old...

In a surprising move, the Supreme Court of the United States (SCOTUS) dismissed a dispute involving the proper test to apply when determining whether an unnamed law firm's mixed bag of communications involving both legal advice and discussions of tax preparation was privilege.

In Jinxin Inc v Aser Media PTE Ltd & Others[1], the High Court of England and Wales determined that directors' personal emails and documents on a company's computer system were confidential...

The Court of Appeal has held that the identity of those instructing lawyers on behalf of a corporate client are not generally protected by litigation privilege...