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Litigation - discovery and privileged documents

15 November 2011

On 10th November 2011 the High Court again confirmed that legal professional privilege (which relates to documents (i) between a client and their legal adviser and (ii) between the client and/or his legal adviser and a third party in contemplation of litigation) is afforded a very high level of protection by the law.  If a document qualifies for such protection from disclosure, the privilege is absolute and can rarely be overridden by the Court exercising case management directions.

JSC BTA Bank v (1) Syrym Shalabayev (2) Mukhtar Ablyazov [2011] EWHC 2915 (Ch)

Should you wish to discuss a piece of litigation, with which you are involved or may become involved, please do not hesitate to contact the Litigation Team for a free exploratory conversation.

Andrew Petchey, Partner, Litigation Team, Howell Jones