CDR Webinar Series: It’s Our Privilege
Luka and Austin covered the following topics:
Part 1: Litigation Privilege and its Limitations. Luka examines recent authorities which have emphasised the boundaries of litigation privilege, as well as considering the potential expansion of the doctrine to encompass cases in which the relevant documents were concerned with proceedings other than court proceedings, such as independent investigations, expert determinations and arbitrations.
A recording of Luka’s Part 1 talk can be viewed below:
Part 2: Without Prejudice Privilege. In this webinar, Austin gives a practical guide to common issues surrounding without prejudice privilege, focusing on the policy behind the privilege, its scope in multi-party cases, and the significant exceptions.
A recording of Austin’s Part 2 talk can be viewed below:
Part 3: Legal Advice Privilege. Luka considers the complex nature of legal advice privilege in the modern business world including the boundary between legal advice and commercial advice, and whether or not privilege will attach to advice given by in-house lawyers or lawyers with foreign qualifications.
A recording of Luka’s Part 3 talk can be viewed below:
Luka has acted in numerous leading cases concerning privilege, including the Court of Appeal judgment in West Ham v E20  EWCA Civ 2652 and the first case under the Disclosure Pilot, SUL v UTB LLC  EWHC 914 (Ch). He is frequently instructed to advise on and litigate disclosure issues as sole counsel in high-value commercial disputes.
Austin has a busy commercial practice in which he has regularly been instructed to consider disclosure issues as sole or junior counsel in cases concerning construction, professional negligence, and insurance. Since February 2019 he has been instructed in the Dame Linda Dobbs Review, examining extensive documentary and witness evidence surrounding the investigations and handling of the HBOS Reading fraud.