Two recent cases highlight how reliance on standard expressions in without prejudice negotiations, and positive averments in a statement of case, might cause the court to hold either that the without prejudice rule is not engaged, or that it has been lost. Continue reading
An undercurrent discernible from the papers this month is the potential tension between HMCTS’ and the MoJ’s planned agenda for change as against the available judicial resources.
In its recent judgment in CITIC Pacific Limited v Secretary for Justice and Commissioner of Police (unreported, 29 June 2015) the Hong Kong Court of Appeal (HKCA) rejected the much-criticised approach to legal advice privilege under English law, as established by the Court of Appeal in Three Rivers District Council v Bank of England (Three Rivers No 5). Instead, it opted for a broader test based on the dominant purpose of the document or communication, more akin to the test that applies to litigation privilege. Continue reading