United Kingdom: Disclosure & Electronic Discovery & Privilege

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Article
HMRC’s New Anti-avoidance Information Notice Powers
HMRC has introduced anti-avoidance information notices (AAINs) under Part 6 of the Finance Act 2026, granting significantly broader powers to investigate tax avoidance promotion and facilitation. These notices can target a wide network of connected persons—including directors, advisers, and intermediaries—without requiring proof that tax was lost or that arrangements were ineffective. With substantial civil and criminal penalties for non-compliance, businesses and advisers must understand who ca
United Kingdom Tax
RPC
Article
How HMRC's New Information Gathering Powers May Apply To Your Advisers, Auditors And Beyond
HMRC's new anti-avoidance information notice regime grants broad investigative powers to gather information from persons suspected of connection to tax avoidance arrangements. The guidance reveals an expansive "connected person" test that may extend beyond promoters and taxpayers to include advisers, accountants, insurers and other professional service providers involved in making arrangements available, organizing them, or deriving benefits from them.
United Kingdom Tax
TLT
Article
Carter Ruck v SRA: High Court Decision Means SRA Cannot Compel Production Of Privileged Documents
The High Court has ruled that the Solicitors Regulation Authority cannot compel law firms to produce documents protected by legal professional privilege during regulatory investigations without client consent. This landmark decision challenges the SRA's longstanding enforcement strategy and raises critical questions about how effectively the regulator can investigate misconduct complaints, particularly from third parties, when clients refuse to waive privilege.
United Kingdom Litigation
KL
Herbert Smith Freehills Kramer LLP
Article
Collateral Use Of Documents – What Is It And What You Need To Know When Disclosing Documents
When parties disclose documents in court proceedings, those documents are generally protected from being used for any other purpose outside the immediate case. This protection, known as the collateral undertaking, is embedded in civil procedure rules but is not absolute. Recent case law explores the boundaries of when courts will grant permission to use disclosed documents in other proceedings...
United Kingdom Litigation
BS
Burges Salmon
Article
Broadcom/VMware: EU General Court Again Weighs In Favour Of Commission’s Broad Information Gathering Powers
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.
European Union Anti-trust
M
Macfarlanes LLP
Article
White v Uber London Ltd: A Challenge To Funded Litigation Privilege
The High Court's decision in White v Uber London Ltd has sent shockwaves through the litigation funding industry by ruling that communications between litigation funders and solicitors regarding funding decisions are not protected by litigation privilege. This judgment challenges the widely-held market assumption that such correspondence enjoys privilege protection, potentially making litigants more cautious about approaching funders and requiring parties to be more deliberate about what they include in ear
United Kingdom Litigation
Sa
Shepherd and Wedderburn LLP
Article
Litigation Funding And Privilege: High Court Finds Litigation Privilege Does Not Apply To Communications Prepared To Enable Funders To Assess Whether To Support A Claim
In a recent decision, the High Court has confirmed that a litigation funder cannot assert litigation privilege over communications prepared for the dominant purpose of assessing the commercial viability of a claim – even if that includes an assessment of its merits...
United Kingdom Litigation
KL
Herbert Smith Freehills Kramer LLP
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