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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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WITNESS EVIDENCE WEDNESDAY: WAIVING LEGAL PROFESSIONAL PRIVILEGE BY MENTIONING IT IN A WITNESS STATEMENT

WITNESS EVIDENCE WEDNESDAY: WAIVING LEGAL PROFESSIONAL PRIVILEGE BY MENTIONING IT IN A WITNESS STATEMENT

September 23, 2026 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Witness statements

Issues of legal professional privilege have been in the news this week.  This makes it an opportune time to revisit those cases where litigants have inadvertently waived privilege by mentioning legal advice in witness statements. “…  there is a distinction…

THE SRA CANNOT COMPEL A SOLICITOR TO DISCLOSE A CLIENT’S PRIVILEGED DOCUMENTS: THE FUNDAMENTAL IMPORTANCE OF LEGAL PROFESSIONAL PRIVILEGE

THE SRA CANNOT COMPEL A SOLICITOR TO DISCLOSE A CLIENT’S PRIVILEGED DOCUMENTS: THE FUNDAMENTAL IMPORTANCE OF LEGAL PROFESSIONAL PRIVILEGE

September 22, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Members Content

This is an important case about legal professional privilege.  The headline result is that the SRA have no power to override such privilege when carrying out an investigation.  It also highlights the hurdles any party can face when seeking to…

LITIGATION PRIVILEGE: WHEN DOES IT START? HOW DOES THE COURT DEAL WITH ISSUES ARISING? A HIGH COURT CASE

LITIGATION PRIVILEGE: WHEN DOES IT START? HOW DOES THE COURT DEAL WITH ISSUES ARISING? A HIGH COURT CASE

February 23, 2022 · by gexall · in Civil evidence, Disclosure, Members Content

It is difficult to envisage a more apposite tribunal than Charles Hollander QC when matters relating to documentary evidence are in issue.  This makes the reading of the decision in Kyla Shipping Co Ltd & Anor v Freight Trading Ltd…

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