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19 April 2024
Issue: 8067 / Categories: Legal News , Procedure & practice , Privilege , Human rights , Fraud , Litigation funding
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NLJ this week: Al Sadeq v Dechert, legal privilege & the iniquity exception

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The fascinating case of Al Sadeq v Dechert and others [2024] and the boundaries of legal confidentiality and disclosure are covered in this week’s NLJ by Christian Tuddenham, partner, and André Nwadikwa, associate, at Jenner & Block

Al Sadeq concerned legal professional privilege against the backdrop of alleged human rights violations. As Tuddenham and Nwadikwa explain, ‘this decision is relevant to the victims of crime, but also to the commercial litigation funding industry, those with an interest in the outcome of class actions or group litigation, insurers, and certain categories of investor’.

The authors cover the background and proceedings, and look at the ‘iniquity exception’ and its evidential threshold in some depth. They comment that the judgment ‘is pragmatic and reaches conclusions that are clear and of practical application’. They summarise the judge’s analysis.

MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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