Commercial litigation EP1: Update on Disclosure and Privilege

In this first of our new series of commercial litigation update podcasts, we look at recent developments in disclosure and privilege. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McIntosh, a professional support consultant, and Chris Cox, a senior associate.You can find links to our blog posts on the cases covered in this podcast below:Court of Appeal finds legal advice privilege is subject to a “dominant purpose” test https://hsfnotes.com/litigation/2020/01/30/court-of-appeal-finds-legal-advice-privilege-is-subject-to-a-dominant-purpose-test/Court of Appeal confirms instructions to law firm relating to escrow monies were privileged https://hsfnotes.com/litigation/2020/01/31/court-of-appeal-confirms-instructions-to-law-firm-relating-to-escrow-monies-were-privileged/High Court finds privilege not lost despite document being referred to in open court https://hsfnotes.com/litigation/2019/12/19/high-court-finds-privilege-not-lost-despite-document-being-referred-to-in-open-court/No collateral waiver where party relied on the effect of legal advice rather than its content https://hsfnotes.com/litigation/2020/01/16/no-collateral-waiver-where-party-relied-on-the-effect-of-legal-advice-rather-than-its-content/High Court declines to order specific disclosure even though failure to disclose may have breached initial order https://hsfnotes.com/litigation/2020/02/04/high-court-declines-to-order-specific-disclosure-even-though-failure-to-disclose-may-have-breached-initial-order/High Court emphasises need for parties to agree disclosure search methodology and terms in advance https://hsfnotes.com/litigation/2019/12/11/high-court-emphasises-need-for-parties-to-agree-disclosure-search-methodology-and-terms-in-advance/And here is a link to our most recent webinar on the disclosure pilot in the Business and Property Courts: The Disclosure Pilot – 10 months on: how is PD51U working in practice? https://event.on24.com/wcc/r/2094295/E3162FB2F393F8B0CE2A9531BE140CF3Speakers: Anna Pertoldi, PartnerMaura McIntosh, Professional Support ConsultantChristopher Cox, Senior Associate