United Kingdom: Disclosure & Electronic Discovery & Privilege

The Upper Tribunal has ruled that the Cabinet Office could refuse to confirm or deny whether Boris Johnson sought legal advice on the lawfulness of the March 2020 Covid-19 lockdown, finding that such confirmation would itself reveal privileged information. This decision clarifies an important boundary in legal advice privilege: while the mere fact of obtaining legal advice is not privileged, seeking advice on a sufficiently specific topic can attract privilege protection.

The Commercial Court has ruled that legal advice privilege extends beyond communications between clients and lawyers to include internal client communications and documents created for the purpose of seeking legal advice.

AI is increasingly being discussed – and used – as a way to navigate the challenges posed by large-scale disclosure exercises, which have become a defining feature of modern litigation.

Welcome to 'The Libel Bible' – a six-part article series on all things defamation. In this comprehensive series, we delve into the complexities of defamation and the law that surrounds it in the UK...

The High Court has held that a foreign government body did not have control, for the purposes of its disclosure obligations, of documents held by various other government bodies...

The High Court has held that a claimant's waiver of privilege over a chronology prepared by his lawyer resulted in a collateral waiver of privilege in an updated version of the chronology...

In a recent decision, the High Court has considered various challenges to redactions on grounds of privilege, irrelevance, and public interest immunity (PII)...

A brief overview of the relevant privileges and their key differences.

Have been drafted by a solicitor or barrister for their client, or show communication between them and their client, for the sole purpose of obtaining and providing legal advice...