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‘Purely commercial discussions’ within an organisation regarding settlement of a dispute prior to litigation are not protected by litigation privilege.
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Welcome to our quarterly social care newsletter.
2018 has seen much discussion of the possibility of setting up redress schemes in the UK to address historical child sexual abuse. Most of that abuse is said to have occurred in institutions.
Most people now refer to the decision in Armes v Nottinghamshire County Council in a shorthand manner, as being one that fixed fostering agencies with vicarious liability for the actions of foster carers.
Disclosures alleging sexual abuse of any form are invariably traumatic in whatever context they are made.
From 1 January 2019 there will be a two year pilot practice direction relating to disclosure in operation in the Business and Property Courts.
A recent decision in the Technology and Construction Court has ruled that even documents considered by one of the parties to be confidential can become disclosable in a procurement challenge, emphasising the importance of implementing confidentiality rings from an early stage to protect sensitive commercial information.
Despite the Jackson reforms attempting to persuade parties to move away from standard disclosure and utilise the menu of options available, reducing the consequential costs of disclosure, there has still been a reluctance to depart from that procedure and make use of the alternative disclosure options available.
Last month the FCA announced that a market study on general insurance pricing practices was “needed”, and published its terms of reference (‘ToR’) for such study.
Over the past few years we have seen an increase in which assertions of privilege have been challenged in the courts. A large number of these cases have involved the major banks but the issues which have been raised are equally of importance to public bodies.
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