United Kingdom: Disclosure & Electronic Discovery & Privilege

English courts have reaffirmed that witness coaching is prohibited regardless of method, including through AI chatbots. A recent criminal case examined whether AI-generated documents that rehearsed cross-examination answers constituted impermissible coaching, ultimately finding that while such use violates established principles, procedural safeguards may prevent proceedings from being stayed. The decision raises critical questions about how AI tools intersect with longstanding rules protecting witness test

The Disclosure Review Working Group (DRWG), which is considering the potential simplification of disclosure rules for the Business and Property Courts, has today published a brief update on progress...

The Court of Appeal (Criminal Division) has made it clear that a witness's use of AI to prepare for cross-examination can amount to unlawful witness coaching: R v FGD [2026] EWCA Crim 918.

In the High Court’s decision in Serendipity Centre Ltd v. Tinson, [2026] EWHC 349 (Ch), the court held that privilege could not be asserted against a former director over certain documents...

First published in 2012, our "Handy client guide to privilege" comprises a decision tree, which is intended as a quick reference to help determine which documents can legitimately be withheld on grounds of privilege under English law, and practical tips for maintaining privilege.

Publicly available artificial intelligence (AI) tools are widely available and uptake in their use has grown exponentially in recent years. With use of such AI tools becoming increasingly normalised...

In Pentagon Food Group Ltd v B Cadman Ltd, the High Court ruled that mediation privilege does not extend beyond traditional without prejudice privilege, and clarified the use of misrepresentation claims and the Unilever Exception to admit evidence from mediation in certain circumstances.

On 13 December 2024, the Court of Appeal handed down a judgment in Iqbal v Geo TV [2024] EWCA Civ 1566 considering in some detail the defence of statutory qualified privilege against a libel claim.

Effective witness statements are crucial in legal claims, requiring clear, concise, and chronological content that reflects the witness's own words, aligning with judicial guidance for readability and relevance.