Update On Litigation Privilege

Update on litigation privilege

Stephenson Harwood reviews the guidance given by the English Court of Appeal’s decision in Director of the Serious Fraud Office v Eurasian Natural Resources Corp Ltd [2018] EWCA Civ 2006, highlighting that two recent decisions – WH Holding Limited & Anor v E20 Stadium LLP [2018] EWCA Civ 2652; and Sotheby’s v Mark Weiss Ltd & Ors [2018] EWHC 3179 (Comm), show that the scope of litigation privilege remains as contentious as ever.

This note examines the salient points arising from these decisions and the guidance which they provide to parties seeking to ensure that documents which they create fall within the scope of litigation privilege.

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About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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