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08 August 2013
Issue: 7572 / Categories: Case law , Law digest , In Court
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Disclosure

Tchenguiz and another v Director of the Serious Fraud Office and others and other cases [2013] EWHC 2297 (QB), [2013] All ER (D) 357 (Jul)

It was settled law that litigation privilege would attach to a document where the document had been produced for the dominant purpose of obtaining information or advice in connection with pending or contemplated litigation, or of conducting or aiding in the conduct of such litigation. If the documents were so privileged, then subject to any loss or waiver of privilege, the privilege could not be overridden by any other public interest. The mere fact that a document was produced for the purpose of obtaining information or advice in connection with pending or contemplated litigation, or of conducting or aiding in the conduct of such litigation was not sufficient to founder a claim for litigation privilege. It was only if such purpose was one which could properly be characterised as the “dominant purpose” that such claim for litigation privilege could properly be sustained.

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NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
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