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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/E3162FB2F393F8B0CE2A9531BE140CF3

Speakers:
Anna Pertoldi, Partner
Maura McIntosh, Professional Support Consultant
Christopher Cox, Senior Associate