United Kingdom: Disclosure & Electronic Discovery & 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

A client facing historic rape allegations was spared prosecution after detailed legal representations highlighted digital communications that contradicted the complainant's account.

As AI tools become embedded in legal practice, their use in international arbitration raises pressing questions about award enforcement, privilege protection, and procedural risk. Recent court decisions and institutional rule-making confirm that generative AI is no longer hypothetical but an active source of concern, with cases already addressing AI-hallucinated authorities, delegation of decision-making, and the protection of privilege in arbitral proceedings.

As internal investigations surge amid heightened regulatory enforcement and whistleblower complaints, organizations face mounting pressure to handle complex inquiries spanning financial misconduct, HR disputes, and cross-border compliance challenges.

The opportunities arising from adopting AI tools across businesses are abundantly clear. AI tools are transforming how teams operate, enabling faster research, drafting, and document analysis at scale.

DNA evidence can be crucial in immigration applications where biological relationships must be proven, particularly in family reunion and nationality cases. While the Home Office cannot compel applicants to provide DNA testing, it remains the most persuasive form of evidence when documentary records are limited or disputed.

Rosenblatt Partner and Deputy Head of Dispute Resolution, Simon Walton, spoke with Crafty Counsel at their Disputes Day event regarding maintaining privilege.

In comparing the approaches in Scotland and England to the duty of disclosure in litigation, it's clear that there are significant differences.

AI has transformed e-discovery, enhancing efficiency and accuracy, but risks remain with generative AI models, particularly regarding data integrity and legal compliance.